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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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Pidana Terhadap Pelaku Pengulangan (Residive) Tindak Pidana Peredaran Narkotika dalam Perspektif Hukum Penitensier Nabila Oktavia Lestari
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.v2i3.1104

Abstract

Narcotics are substances or drugs, whether synthetic or semi-synthetic, derived from plants or non-plant materials that have the potential to cause disturbances or changes in human consciousness. Their use may result in loss of sensation, impaired taste, and, in more severe cases, strong dependency or addiction. While narcotics have undeniable benefits in the fields of medicine, healthcare, and scientific development—particularly in pain management and research—their misuse carries significant risks for both individuals and society. This study adopts a normative legal approach by analyzing existing regulations, statutory provisions, and relevant academic literature regarding narcotics and crime. The findings reveal that narcotics abuse is often closely linked to criminal behavior, as drug dependence can negatively influence psychological stability, decision-making, and social conduct, potentially driving individuals to engage in unlawful acts. Furthermore, crime is a relative concept shaped by context, culture, and societal norms, which means its connection with narcotics requires multidimensional analysis. Law enforcement efforts against narcotics-related crimes have been continuously pursued by authorities through preventive, repressive, and judicial measures, with various court rulings highlighting the gravity of the problem. However, legal enforcement alone is insufficient; a holistic strategy is needed that combines strict law enforcement with rehabilitation, psychological support, and community education. Such a comprehensive approach is expected to reduce narcotics misuse, prevent recidivism, and minimize its destructive impacts. Ultimately, this research seeks to provide deeper insights into the dynamic relationship between narcotics abuse and crime, while offering practical recommendations to achieve more effective solutions for protecting individuals, strengthening social resilience, and promoting public welfare
Analisis Pertanggung Jawaban Pidana terhadap Pelaku Pemalsuan Merk: (Studi Putusan Nomor : 381/Pid.Sus/2023/PN.Tjk) Lovely Ardhanes Wira; Diah Gustiniati Maulani; Emilia Susanti
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.v2i3.1107

Abstract

The government’s efforts to provide protection for trademark rights holders have been implemented by enacting and updating laws on trademarks. However, in reality, crimes against trademark rights continue to occur, including in the jurisdiction of the Tanjung Karang District Court. This research addresses the following issues: What are the judges' considerations in cases of unauthorized use of registered trademarks, and how is the criminal analysis of such offenses reflected in Decision Number: 381/Pid.Sus/2023/PN.Tjk? This study uses normative and empirical legal research methods, with statutory and conceptual approaches. The data type used is secondary data obtained through literature study. Data processing involved selection, classification, and organization. The data were analyzed using a descriptive qualitative method. The findings of this research indicate that the judge's legal basis in sentencing the defendant for the unauthorized use of a registered trademark in Decision Number: 381/Pid.Sus/2023/PN.Tjk includes juridical considerations—specifically that the defendant was legally and convincingly proven to have committed a criminal offense as regulated under Article 100 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Philosophically, the judge considered the imposed sentence as a means of rehabilitation and deterrence. Sociologically, the judge weighed both aggravating and mitigating factors in the sentencing. Criminal liability for the offender was based on the fulfillment of criminal responsibility elements, namely that the defendant was an adult and legally capable of committing the act. The element of fault was fulfilled, as the defendant knowingly and intentionally used a registered trademark without authorization, fully aware that such an act constitutes a criminal offense. The element of the absence of justification or excuse was also met, as the defendant committed the offense in a conscious and sound state of mind, without coercion.
Tinjauan terhadap Proses Pengawasan oleh Balai Pemasyarakatan terhadap Narapidana Penerima Pembebasan Bersyarat: Studi pada Balai Pemasyarakatan Kelas I Bandar Lampung Diva Okta Nurkhalifa; Diah Gustiniati; Fristia Berdian Tamza; Dona Raisa Monica
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.v2i3.1108

Abstract

Parole is an important instrument in the social reintegration of inmates, with the Correctional Center (Bapas) playing a role in guidance, assistance, and supervision. This study analyzes the implementation of supervision by the Class I Correctional Center in Bandar Lampung for parole clients, as well as the obstacles encountered. The research employs a normative juridical and empirical approach, using both primary and secondary data, with sources including the Head of the Adult Client Guidance Section and a Criminal Law Lecturer at the University of Lampung. The findings indicate that supervision has been optimal, with no cases of parole revocation. The main obstacles include the absence of clear administrative sanctions, limited authority, weak law enforcement, inadequate facilities and technology, lack of inter-agency coordination, low public participation, and unsupportive client behavior. Improvements in regulations, enhancement of human resources quality, provision of adequate facilities, and strengthening community involvement are required to support the success of social reintegration
Peranan Organisasi Notaris dalam Pengawasan Etika Profesi di Kabupaten Sleman Faisal Ibnu Hasnan
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.v2i3.1132

Abstract

The role of notary organizations is critical in the continuous development and supervision of the notary's position, especially concerning personal behavior, both in carrying out office duties and in daily life. The notary profession holds a significant position in the legal framework of society as it produces authentic deeds that carry the highest probative value. As such, integrity and professional ethics are foundational principles in the execution of notarial duties. This research aims to analyze the role of notary organizations, specifically the Indonesian Notary Association (INI) in Sleman Regency, in reinforcing professional ethics and maintaining the quality of legal services for the public. The research employs a normative-sociological approach, utilizing studies of legal regulations, notary electronic codes, and interviews with INI Sleman administrators. The findings indicate that notary organizations contribute through (1) socializing ethical codes and professional standards, (2) conducting internal supervision through honorary councils, (3) providing ethical sanctions for violations, and (4) offering development programs and capacity-building initiatives for members. However, the study also identifies several challenges, including limited supervisory resources, resistance from some members, and a lack of public understanding regarding the importance of professional ethics. These obstacles hinder the full potential of notary organizations in ensuring professional conduct and upholding the quality of notarial services. The research underscores the need for stronger collaboration and awareness to address these issues.
Kontra-Preventif Peraturan Pemerintah Nomor 28 Tahun 2024 dalam Menangani Kesehatan Reproduksi Anak Usia Sekolah Firdaus, Alfian Firdaus; Imron Mustofa
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.v2i4.1158

Abstract

Indonesia's rapid population growth, particularly among adolescents, has raised concerns regarding its social and reproductive health implications, including rising rates of unintended pregnancies, premarital sexual activity, and the spread of sexually transmitted infections (STIs). In response to these issues, the government issued Government Regulation (GR) No. 28 of 2024 as a derivative of Law No. 17 of 2023 on Health. One of its provisions regulates the provision of contraceptives for school-aged children and adolescents. This study aims to examine the implications of this provision in relation to religious values, social morality, and the direction of national health policy. The research employs a normative qualitative approach using juridical-philosophical analysis, along with an assessment of public responses, religious leaders’ perspectives, and the views of state institutions regarding the regulation. The findings indicate that Article 103 paragraph (4) letter e has sparked controversy due to the use of the term "provision," which is perceived as ambiguous and contradictory to religious norms particularly Islamic teachings and is viewed as potentially legitimizing premarital sexual behavior among students. These findings highlight the necessity for the government to reassess regulations that conflict with religious and local cultural values. Furthermore, the study advocates for strengthening preventive reproductive health education grounded in religious and moral principles, rather than directly providing contraceptives within school settings.
Legalitas dan Birokrasi dalam Pendirian Fasilitas Kesehatan serta Diskrepansi Regulasi dan Implikasi Yuridis bagi Investasi dan Akses Layanan Kesehatan di Indonesia Natasya Dwi Nanda
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.v2i4.1164

Abstract

The licensing of clinics and hospitals is crucial for achieving quality and equitable healthcare in Indonesia. The legal framework, including the 2009 Health Law and the 2020 Omnibus Law, has introduced a risk-based approach via the Online Single Submission (OSS) system to streamline the process. However, significant challenges remain. These include bureaucratic complexity, inconsistent regional regulations due to autonomy, lack of data integration between institutions, and high accreditation costs. These barriers particularly hinder small investors and limit the distribution of healthcare facilities in remote areas. Recent reforms, such as the National Digital Public Service Mall (MPP Digital), aim to address these issues by reducing licensing time to under one hour, thereby boosting transparency and efficiency. Despite this progress, unresolved issues concerning patient data privacy, the uneven distribution of medical personnel, and conflicting environmental regulations still need harmonization. To foster inclusive investment and support the 2030 Universal Health Coverage (UHC) goals, this research proposes key solutions: implementing fiscal incentives, adopting AI technology for verification, and strengthening public-private partnerships. With these targeted reforms, the licensing system can become a powerful driver for better healthcare access and sectoral growth.
Tinjauan Hukum terhadap Penggunaan Game oleh Anak sebagai Konsumen Digital di Indonesia Veronica Piqe Febeline; Valerie Celine
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.v2i4.1180

Abstract

The development of digital technology has transformed children’s patterns of interaction through online games, which serve both as entertainment and transactional spaces. As digital consumers, children are entitled to protection equal to adults, yet they remain vulnerable to risks such as inappropriate content, fraud, data manipulation, and exploitation. Despite the existence of legal frameworks like the Consumer Protection Law, the Child Protection Law, and the Electronic Information and Transactions Law, this study reveals that these laws do not specifically address children as a vulnerable group in the digital environment. This research employs an empirical normative approach to highlight the shortcomings of current regulations. Given the rapidly growing use of digital platforms by children, stronger regulatory measures, greater parental involvement, and increased responsibility from platform providers are essential to ensure the fulfillment of children’s rights and provide adequate protection in the digital space. These findings emphasize the need for comprehensive legal reform to safeguard children’s digital rights.
Harmonisasi Hukum Kewarganegaraan, Perkawinan Campuran, dan Hak Waris: Perspektif Komparatif Hukum Perdata dan Islam Nirmala Suci Paramesti; Afthina Aulya Fatma; Rifa Ardian Fahreza
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.v2i4.1194

Abstract

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia
Penguatan Civic Resilience Mahasiswa Melalui Pendidikan Kewarganegaraan Pasca Pandemi Covid-19 Ahmad Muhamad Musain Nasoha; Kamelia Maimunah; Annajmul Muniiroh; Annuriyah Nabila
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.v2i4.1196

Abstract

This study aims to analyze the strengthening of students' civic resilience through Civic Education (PKn) after the COVID-19 pandemic using qualitative methods based on literature review. The COVID-19 pandemic has changed students' social interaction patterns and learning methods, which have an impact on their social engagement and resilience as citizens. This study collects and evaluates literature related to the challenges of Civic Education learning and strategies for strengthening civic resilience in the post-pandemic context. The results show that participatory learning approaches, digital literacy, strengthening social values, and community service activities are key elements in strengthening students' cognitive and social resilience. Learning that integrates digital technology provides opportunities for students to participate more actively in social and political discussions. On the other hand, community service activities based on civic values ​​help students develop a stronger sense of social responsibility. The implications of this research encourage the development of a Civic Education curriculum that is adaptive to current social and technological dynamics so that students become resilient and active citizens. This study also recommends that Civic Education be continuously updated with a more interactive and relevant approach to current needs, to enhance students' ability to participate constructively in the global community.
Perlindungan Hukum Korban Tindak Pidana Perdagangan Orang Lintas Negara Berkedok Lowongan Kerja Digital di Myanmar Satriya Aldi Putrazta
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.v2i4.1204

Abstract

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.  

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