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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 83 Documents
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Diversi Sebagai Alternatif Penyelesaian pada Tindak Pidana yang Dilakukan oleh Anak : Studi Kasus pada Polres Madiun Kota Revinta Irma Kartikasari; Subekti Subekti
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1014

Abstract

Protection of children's rights in the Indonesian legal sistem has received serious attention with the enactment of Law Number 11 of 2012 concerning the Juvenile Criminal Justice Sistem (UU SPPA). This law emphasizes that imposing sanctions on children is not the primary goal, but rather a means to achieve child welfare through a restorative justice approach. The SPPA Law regulates two channels for resolving cases: formal justice and diversion. Diversion is a process for resolving children's cases outside the court system, aiming to prevent children from experiencing formal justice processes that have the potential to have long-term negative impacts on their psychological and social development. This study focuses on the implementation of diversion efforts during the investigation stage within the jurisdiction of the Madiun City Police. The method used in this study is an empirical method, namely by examining the implementation of the law in social realities in the field through observation and interviews with relevant parties. The results of the study indicate that the Madiun City Police have implemented diversion efforts quite well and in accordance with the provisions of the SPPA Law. The implementation of diversion is carried out by considering the principles of restorative justice and involving various parties, including child perpetrators, victims, families, and the police. However, several obstacles to implementing diversion exist, including a lack of public understanding of the concept and benefits of diversion, and frequent debates between perpetrators and victims, particularly regarding compensation issues within diversion forums. Therefore, increased public outreach and legal education, as well as stronger coordination between the institutions involved, are needed to optimally achieve the primary goals of the juvenile criminal justice system.
Legal Uncertainty Due to Differences in Children's Age Limits in Legislation and Harmonization Efforts to Prevent Child Discrimination Gultom Rosmaida Feriana; Evita Isretno Israhadi2
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1037

Abstract

The differences in the age limits of children as stipulated in several Indonesian laws and regulations—such as the Juvenile Criminal Justice System Law (UU Sistem Peradilan Pidana Anak/SPPA), the Child Protection Law (UU Perlindungan Anak), and the Human Rights Law (UU HAM)—have created significant legal uncertainty. These inconsistencies pose serious implications for the protection of children's rights, particularly for those who are entangled in legal conflicts. One of the most critical impacts is the potential for injustice in the application of restorative justice and diversion programs, which should be guided by the principle of the best interests of the child. Discrepancies in age definitions may also result in unequal treatment in legal proceedings and hinder access to appropriate legal remedies and rehabilitation services. For instance, a child considered underage by one law may be treated as an adult under another, leading to inconsistent judicial decisions, discrimination, and psychological harm. Furthermore, this lack of regulatory harmony undermines the credibility and consistency of the justice system in handling cases involving children. The principle of legal certainty, which is fundamental in any just legal system, cannot be upheld if such foundational definitions remain fragmented. Therefore, there is an urgent need for harmonization and alignment of all regulations related to the legal age definition of a child within the Indonesian national legal framework. Establishing a uniform age standard is essential to ensure fair treatment, protect children's rights comprehensively, prevent discriminatory practices, and improve the effectiveness of restorative justice, rehabilitation, and child protection mechanisms in Indonesia.
Criminal Liability of Perpetrators in Crypto Ecosystem, the Regulatory Challenges, and Legal Voids in the Criminal Law System in Indonesia Pambudi Pambudi; Zudan Arief Fakrulloh
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1042

Abstract

This study aims to examine the legal gaps and regulatory challenges in enforcing criminal liability against perpetrators of crimes within Indonesia’s crypto ecosystem, particularly in the context of Decentralized Finance (DeFi), smart contracts, and decentralized digital asset trading platforms. The research employs a normative juridical approach using statutory and conceptual methods. The findings indicate that current criminal law instruments, such as Article 378 of the Criminal Code, Article 28 paragraph (1) of the Electronic Information and Transactions (ITE) Law, Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU), and Law No. 10 of 1998 on Banking, are inadequate to address the unique and complex characteristics of crypto-related crimes. These crimes are anonymous, cross-jurisdictional, and difficult to trace due to the absence of centralized authority. As a result, the existing legal framework fails to provide sufficient victim protection and leads to weak law enforcement effectiveness. This legal vacuum also hampers the state's ability to respond to the growing digital threats and creates legal uncertainty in the expanding crypto space. Therefore, this study recommends the formulation of specific criminal regulations that comprehensively define digital assets, legal subjects within decentralized systems, and new criminal offenses relevant to crypto-related conduct. It also calls for the establishment of specialized institutions dedicated to investigating and prosecuting such crimes. These proposed regulations are expected to strengthen the national criminal justice system, making it more adaptive, fair, and effective in addressing the challenges posed by digital transformation.
Dynamics of Legal Certainty in Forest Area Management Between Economic Utilization and Environmental Sustainability M. Arif Syahputra; Evita Isretno Israhadi
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1043

Abstract

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.
Tinjauan Hukum Perdata terhadap Penahanan Ijazah dan Kebebasan Berkontrak Berdasarkan Pasal 1320 KUH Perdata Suharti Jetia
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1075

Abstract

The practice of withholding a diploma as a condition of employment is still widespread in employment relationships in Indonesia. Generally, employers argue that withholding a diploma is intended to guarantee that workers complete the agreed-upon work contract period. However, this practice raises legal issues because it has the potential to violate the principle of freedom of contract, especially when viewed in light of the provisions of Article 1320 of the Civil Code (KUH Perdata), which regulates the conditions for a valid agreement. A diploma withholding clause can affect the fulfillment of the element of free agreement, because such clauses are often agreed to under duress or without fair alternatives for workers. This study aims to examine the validity of diploma withholding clauses in employment agreements and assess the legal consequences if such clauses are declared invalid. The research method used is a normative juridical approach by analyzing relevant laws and regulations, legal doctrine, and court decisions. The results of the analysis show that diploma withholding clauses often conflict with the conditions for a valid agreement, especially the element of lawful cause, because they conflict with the principles of protecting workers' rights and the principle of justice in freedom of contract. Furthermore, this practice can lead to human rights violations, considering that diplomas are important personal documents and cannot be confiscated without a clear legal basis. If the diploma retention clause is declared invalid, the clause is null and void and does not bind the parties. Consequently, the employer is obliged to return the diploma to the employee unconditionally, and the employee has the right to claim compensation if they suffer losses due to the retention. This study recommends the need for stricter regulations in employment regulations to prohibit the practice of diploma retention, in order to ensure the creation of fair and equal employment relationships in accordance with the principles of contract law.
Lesbian Transgender (LGBT) Menurut Undang - Undang Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia Minan Minan
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1078

Abstract

In society, there are terms like Lesbian, Gay, Bisexual, Transgender (LGBT) which are generally considered as a form of sexual orientation deviation. Sexual orientation itself refers to a person's emotional, physical, or romantic attraction to either the same or the opposite sex. Some countries legalize homosexual life, including same-sex marriage, but in the context of sexual deviation, homosexuality is considered contrary to the norms and values maintained in society. Based on this, several issues are raised, namely how Indonesian criminal law, especially the Criminal Code (KUHP), regulates LGBT; looking at Law Number 39 of 1999 concerning Human Rights for LGBT; and what legal efforts are made by the government to address issues related to LGBT. The author uses a descriptive analytical research method, with a normative descriptive approach that examines literature and regulations using qualitative legal analysis. The research results show that the provisions regarding homosexuality in Indonesian criminal law, which include Lesbian, Gay, Bisexual, and Transgender, are contained in Book II of the Criminal Code, Chapter XIV concerning Sexual Crimes, Article 292, and for cases involving children, are stipulated in Article 82 paragraph (1) of Law Number 35 of 2014. Furthermore, there is no legal recognition of homosexuality, and the law only permits homosexual practices involving children under the age of majority. The constitution recognizes human rights with limitations that may not conflict with regulations, morals, religious values, or public safety. The government is making efforts by coordinating not only with the LGBT community but also with relevant agencies, preventing violations arising from policies or systems, and continuously raising awareness among the government, the public, and various parties regarding human rights principles.
Sanksi Hukum Bagi Klub Sepak Bola Yang Terlibat dalam Pengaturan Pertandingan (Match- Fixing) dalam Kompetisi Sepak Bola Indonesia Meriana Lende; Samuel Bora Lero
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1079

Abstract

Match fixing is a serious issue in Indonesian football, as it undermines public trust and damages the sport’s reputation. This research aims to: (1) analyze the legal requirements for individuals involved in match fixing in Indonesian football competitions to receive sanctions from the Indonesian Football Association (PSSI) and criminal penalties from the court; and (2) examine the fairness of sanctions, particularly fines, imposed on football clubs involved in match fixing as stipulated in the PSSI disciplinary code. This study employs a doctrinal research method, focusing on written legal provisions and relying heavily on secondary data obtained from literature. The research also applies comparative, case, and statutory approaches. Legal materials are classified into primary, secondary, and tertiary sources, with data collected through literature study. The analysis uses a normative juridical method. Findings indicate that disciplinary sanctions by PSSI are regulated under Article 7, which stipulates that intentional or negligent disciplinary violations will result in sanctions without exception. Sanctions may include playing matches in closed stadiums or banning play in certain locations to maintain security and prevent riots, even without concrete evidence of disciplinary violations. In contrast, for a court to impose criminal penalties, several elements must be met: (1) the existence of a legal subject; (2) proof of fault; (3) unlawful conduct; (4) actions prohibited or mandated by law with specified penalties; and (5) occurrence in a specific time, place, and context. Regarding fines against football clubs involved in match fixing, the PSSI disciplinary code provides only administrative sanctions and monetary penalties paid to PSSI. These measures are considered less effective and fair because they lack provisions for criminal sanctions in the applicable legal framework, leaving a gap between sports governance and criminal law enforcement.
Fenomena Interaksi Manusia Kaitannya dengan Ilmu Pengetahuan dan Tanggung Jawab Kepada Agama Suaidi Suaidi
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1082

Abstract

Happiness is the ultimate goal of every human aspiration. To achieve it to the fullest, humans strive to utilize all their potential. However, in practice, conflicts often arise between personal interests and the interests of others. The desire to realize all dreams becomes problematic when carried out without regard for moral values, especially in a household life built through the sacred bond of marriage. Many married couples fail to create domestic happiness due to uncontrolled ambition. This ambition, when not balanced with ethics and morals, has the potential to cause domestic conflict that results in the neglect of children's education in the family. A current widespread phenomenon shows that married couples spend more time outside the home for work reasons. This opens up opportunities for promiscuity in public spaces and reduces attention to family. If this phenomenon continues, serious problems in the family will become increasingly apparent. The rights and obligations of husband and wife are neglected, affection for children is diminished, and ultimately children feel more comfortable seeking environments outside the home. This condition becomes the entry point for negative speculation from society about married couples who are considered negligent in their household obligations. This research is expected to provide a significant contribution to understanding how families should function optimally. By placing religion as a foundation and making ethics and morals the foundation of social interactions, families can return to their true nature as the birthplace of quality generations with character, ethics, and spiritual values.  
Dualisme Penanganan Anak Pelaku Kekerasan Seksual dalam Perspektif UU SPPA dan UU Perlindungan Anak Depasbond Vijaya; Tri Andrisman; Sri Riski
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1086

Abstract

The phenomenon of increasing sexual violence crimes committed by children in Indonesia poses a dilemma for law enforcement. Children as perpetrators are legally responsible subjects, but they still require special protection. This study analyzes the dualism in the regulations of Law No. 11 of 2012 on the Juvenile Criminal Justice Sistem (UU SPPA) and Law No. 35 of 2014 on Child Protection. A normative and empirical legal approach is used to assess the substance, philosophy, and implementation of both laws. The results indicate inconsistencies in the application of restorative justice principles (diversion) and repressive sanctions. It is recommended that regulations be harmonized and the capacity of law enforcement officials be strengthened to achieve a fair and recovery-oriented sistem.
Efektivitas dan Pertanggungjawaban Hukum Bill of Lading sebagai Dokumen Pengangkutan Perdagangan Internasional di Indonesia Shelomita Liani Putri Zahra; Fakhira Aghnya Makaranu
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1099

Abstract

International trade involves cross-border buying and selling activities between countries, which in practice requires various transportation documents to ensure legal certainty and smooth operations. One of the main documents used is the Bill of Lading (Konosemen), which is a dated letter issued by the carrier as proof of receipt of goods to be transported to a certain destination and delivered to a specified recipient. The Bill of Lading has three essential functions: as a receipt of goods, as evidence of ownership, and as proof of a transportation contract. However, in practice, there are still frequent problems that hinder the optimal function of the Bill of Lading. One notable case is APL Co. Pte. Ltd. v. CV. Dua Sekawan Sejati, which involved discrepancies between the goods shipped and those stated in the Bill of Lading. This study adopts a normative juridical method by examining applicable legal provisions and theoretical concepts related to the law of contracts and transportation. The findings show that discrepancies between the goods shipped and those listed in the Bill of Lading constitute a breach of promise or default under Article 1320 of the Indonesian Civil Code. The Bill of Lading, in this case, serves as a legally binding transportation contract that obligates both parties to fulfill their respective responsibilities. Failure by one party to comply with the terms of the contract results in legal consequences in the form of claims for compensation by the aggrieved party. This research emphasizes the importance of accuracy and accountability in the issuance and use of Bills of Lading in international trade to avoid disputes and ensure legal certainty. Strengthening the regulation and enforcement of Bill of Lading functions is crucial for protecting the rights of parties engaged in cross-border trade.

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