Articles
123 Documents
<![CDATA[Peran Lembaga Perlindungan Anak dalam Sistem Hukum Pidana terhadap Anak yang Berhadapan dengan Hukum ]]>
<![CDATA[Kartika, Dessy]]>;
<![CDATA[Dumillah, Dewic Sri Ratnaning]]>
<![CDATA[ HUMANIORUM Vol 3 No 4 (2025): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v3i4.149
<![CDATA[This study examines the role of the Child Protection Agency (LPA) in the criminal justice system concerning children who come into conflict with the law. The research aims to analyze the legal framework and practices surrounding the protection and rehabilitation of children in conflict with the law. By using a normative legal approach, the study explores the implementation of restorative justice principles and the challenges faced by LPA in advocating for children’s rights during the judicial process. The findings highlight the critical function of LPA in supporting diversion, mediation, and rehabilitation programs, despite encountering barriers such as limited resources and lack of coordination with law enforcement agencies. This study employs a qualitative method with literature review and descriptive analysis to evaluate primary and secondary legal sources. The results indicate that while LPA plays a significant role, several gaps in the legal framework and practical implementation need to be addressed to enhance the protection of children in the criminal justice system. The study suggests improvements in coordination between LPA and law enforcement agencies, increased funding for LPA, and public education to reduce stigma against children in conflict with the law. In conclusion, strengthening the capacity of LPA is essential to ensuring the fair treatment of children and the effective application of restorative justice principles in the criminal justice process.]]>
<![CDATA[Implikasi Kebijakan Pengampunan Bersyarat terhadap Tingkat Residivisme pada Kasus Tindak Pidana Narkotika di Indonesia ]]>
<![CDATA[Jamaludin, Robby]]>;
<![CDATA[Priyambodo, Mas Agus]]>
<![CDATA[ HUMANIORUM Vol 3 No 4 (2025): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v3i4.150
<![CDATA[Drug offenses and the persistent issue of recidivism among narcotics offenders pose significant challenges to Indonesia's legal system. Conditional release, or Pembebasan Bersyarat, is a policy intended to reintegrate inmates back into society under specific conditions. This study examines the implications of conditional release policies on the recidivism rates of narcotics offenders in Indonesia, considering the stringent requirements set forth by national regulations. The research aims to provide a deeper understanding of the effectiveness of this policy in preventing repeat offenses. This study employs a qualitative approach, grounded in a normative legal framework, to analyze the existing legal principles and regulations related to conditional release and their implementation in the context of narcotics offenses. Data collection involves the use of primary and secondary sources, with a focus on literature review and qualitative analysis to draw conclusions from the findings. The analysis of regulations reveals stringent requirements for narcotics offenders seeking conditional release, reflecting the perceived high risk of recidivism. Studies suggest that the effectiveness of conditional release in reducing recidivism is influenced by individual factors, social environment, and the quality of rehabilitation programs and post-release support. While conditional release aims to incentivize rehabilitation and reduce prison overcrowding, its actual impact on narcotics recidivism in Indonesia requires ongoing evaluation and improvement.]]>
<![CDATA[Analisa Aspek Moral dan Budaya dalam Pemajuan Hak Kekayaan Intelektual ]]>
<![CDATA[Gunawan, Yusuf]]>
<![CDATA[ HUMANIORUM Vol 3 No 4 (2025): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v3i4.151
<![CDATA[Intellectual Property Rights (IPR) play a crucial role in protecting individual creations and fostering innovation in Indonesia. However, public awareness of the importance of IPR remains low, leading to widespread practices of piracy, plagiarism, and unauthorized use of creative works. This study analyzes the moral and cultural aspects influencing IPR protection in Indonesia and examines how existing regulations, such as Law No. 28 of 2014 on Copyright, can be implemented more effectively. The findings indicate that the culture of sharing and the limited understanding of creators' moral rights pose significant challenges to the advancement of IPR. Furthermore, technological developments have accelerated the dissemination of creative works while also increasing the potential for IPR violations. Therefore, continuous education efforts and collaboration between the government, academia, and industry are essential to raising public awareness and fostering respect for IPR. With the right approach, Indonesia’s IPR protection system can be strengthened to support creativity and innovation across various sectors.]]>
<![CDATA[Perdamaian melalui Pendekatan Keadilan Restoratif dalam Penanganan Tindak Pidana Anak di Indonesia ]]>
<![CDATA[Howard Lalamentik, Karen]]>;
<![CDATA[Heliany, Ina]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.140
<![CDATA[Peace through the restorative justice approach emerged in Indonesian society following public attention to a juvenile criminal case involving the child of a well-known musician couple in a fatal traffic accident in 2013, which resulted in the deaths of seven people, as reflected in Decision No. 123/Pid.Sus/2014/PN.Jkt.Tim. Based on this background, this study formulates three main issues: the differences in legal processes between the application of restorative justice under PERPOL-RI No. 6 of 2019 and PERJA No. 15 of 2020 and the aforementioned case; the legal consequences experienced by children in conflict with the law in court decisions applying restorative justice-based settlements; and the conditions under which restorative justice can be successfully implemented in handling juvenile crimes within the Indonesian legal system. This research employs a normative juridical method with descriptive non-statistical analysis, utilizing secondary data consisting of primary, secondary, and tertiary legal materials. The findings indicate that the effectiveness of restorative justice depends on procedural compliance, victim participation, offender accountability, and institutional oversight. Therefore, consistent and selective implementation enables the achievement of substantive peace and holistic justice, although not all types of juvenile crimes can be resolved through this approach due to normative and contextual limitations within Indonesia’s criminal justice practice.]]>
<![CDATA[Penerapan Hukum Pidana pada Kasus Cybercrime terkait Perlindungan Data Identitas ]]>
<![CDATA[Haryono, Haryono]]>;
<![CDATA[Sakti Myharto, Wiend]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.141
<![CDATA[The development of information technology has brought both positive and negative impacts. One of the negative impacts that has emerged is the emergence of cybercrime, especially those involving the misuse of personal data or identity. Indonesia already has legal instruments in the form of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) as amended by Law Number 19 of 2016, and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). However, the implementation and enforcement of the law still face challenges. Journal Article (Application of criminal law in cases of cybercrime and identity data), and reviewing one court decision as an example. but also throughout the world, and often carried out by the state, making cybercrime increasingly complex, the most common occurrence in Indonesia]]>
<![CDATA[Analisis Putusan Perceraian terhadap Nafkah Anak dalam Praktik di Pengadilan Agama ]]>
<![CDATA[Alviani, Tri]]>;
<![CDATA[Fathinnuddin, Muhammad]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.142
<![CDATA[Child support usually occurs after a divorce is finalized by the Religious Court. According to Indonesian law, after a panel of judges has decided to dissolve a marriage between a husband and wife, the husband is obligated to provide child support. However, in practice, husbands sometimes fail to comply with this decision, particularly when it comes to providing child support until the child reaches adulthood. The responsibility to provide child support remains the husband's, as stipulated in the decision of the Panel of Judges at the Tangerang City Religious Court. If a husband fails to provide child support, the wife and children may be neglected or neglected, a common problem after divorce. As a result, the wife is forced to support herself and her children's needs. Generally, the husband voluntarily provides child support. The court cannot immediately execute the decision without a request from the injured party. However, wives often face obstacles, both due to a lack of understanding of the legal process and the relatively high cost of enforcement.]]>
<![CDATA[Analisis Kontrak Keanggotaan Gym Dalam Perspektif Hukum Perlindungan Konsumen ]]>
<![CDATA[Hidayatullah, Syarif]]>;
<![CDATA[Miharja, Marjan]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.143
<![CDATA[Indonesia’s fitness industry is rapidly growing as public awareness of the importance of exercise increases. However, many gyms impose unilateral standard contracts containing non-refund clauses, auto-debit systems, and strict cancellation policies. These practices often harm consumers, as seen in the sudden closure of Gold’s Gym Indonesia in 2025, which led to refund claims totaling Rp 4.4 billion. This study aims to analyze the form and content of standard clauses in fitness center membership contracts in Indonesia and evaluate their compliance with Law Number 8 of 1999 concerning Consumer Protection. Using a normative legal research method with a case study approach, this study combines empirical data on contract practices with legal material analysis. The findings indicate that unilateral standard contracts may be null and detrimental to consumers. Therefore, organizations such as YLKI and BPSK play a crucial role in dispute resolution, preventive education, and ensuring fair and transparent contract practices to protect consumer rights.uits.]]>
<![CDATA[Perlindungan Hukum yang Berkeadilan bagi Debitur atas Penerapan Kolektibilitas oleh Bank dalam Penggunaan Kartu Kredit ]]>
<![CDATA[Haryanto, Herri]]>;
<![CDATA[Utama, Erry Praditya]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.152
<![CDATA[This study discusses fair legal protection for debtors in the context of the application of collectibility in credit card usage in Indonesia. In practice, the collectibility method often has negative impacts on debtors, particularly in determining credit status and in debt collection practices that may exceed reasonable limits. The author analyzes the theories and legal frameworks governing credit card collectibility as well as the principles of justice in the protection of debtor consumers. The research employs a normative approach through literature studies of laws and legal doctrines. The findings show that the implementation of collectibility must prioritize the principles of fairness and proportionality so that the rights of debtors are not unilaterally harmed. The study recommends the improvement of regulations and the development of a more responsive and equitable dispute resolution mechanism for credit card debtors in default in Indonesia. It also emphasizes the need for state involvement, particularly through the Financial Services Authority (OJK), to play an active role in facilitating dialogue between creditors and defaulting debtors to find fair and effective solutions regarding collectibility.]]>
<![CDATA[Kedudukan Aset Kripto sebagai Sarana Penyembunyian Hasil Tindak Pidana Pencucian Uang ( Studi Kasus Putusan Nomor 111/Pid.B/2022/PN Kbm jo. Putusan Nomor 97/Pid/2023/PT SMG) ]]>
<![CDATA[Putri, Ananda]]>;
<![CDATA[Ajie, Bintang Wicaksono]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.159
<![CDATA[This research aims to analyze the legal position of cryptocurrency assets and their use as a means of concealing proceeds from money laundering offenses, using the Kebumen District Court Decision No. 111/Pid.B/2022/PN Kbm in conjunction with the Semarang High Court Decision No. 97/PID/2023/PT SMG as a case study. The research uses a normative juridical method, examining positive legal norms through library research, focusing on Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, as well as regulations from Bappebti (and later OJK) regarding cryptocurrency assets. The research findings indicate that the court classified cryptocurrency assets as "property" under Articles 2 and 3 of Law No. 8 of 2010, as they have economic value and are transferable, making them valid objects for money laundering offenses. The actions of the defendant, Fitriyani alias Fitri Crypto, converting fraudulently obtained funds into cryptocurrency assets and transferring them through various digital wallets, were seen as a form of disguising the origin of the assets, fulfilling the elements of money laundering under Articles 3 and 4 of the law. This decision provides legal certainty that digital assets can be treated the same as conventional assets in criminal cases. However, the research also highlights ongoing technical challenges in the seizure and proof of ownership of digital assets due to the pseudonymous nature of cryptocurrency transactions]]>
<![CDATA[Analisis Yuridis Tindak Pidana Phishing Berdasarkan UU ITE: Studi Kasus Putusan PN Pekanbaru Nomor 764/Pid.Sus/2022/PN.PBR ]]>
<![CDATA[Muchsin, Erwin Ibrahim]]>;
<![CDATA[Ihsana, Nurmalia]]>
<![CDATA[ HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum ]]>
Publisher : <![CDATA[PT Elaborium Elevasi Indonesia ]]>
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DOI: 10.37010/hmr.v4i1.156
<![CDATA[Phishing is a form of cybercrime that has developed rapidly along with the increasing use of information technology and electronic systems in modern society. This crime is carried out through manipulation or impersonation to unlawfully obtain personal data or electronic access, which may cause significant losses to victims. This study aims to analyze the legal enforcement of phishing crimes based on Law Number 11 of 2008 on Information and Electronic Transactions as amended by Law Number 19 of 2016, through a case study of the Decision of the Pekanbaru District Court Number 764/Pid.Sus/2022/PN.PBR. The research employs a normative legal research method using a statutory approach and a case approach by examining relevant legislation and the judges’ legal considerations in the decision. The results indicate that the defendant’s actions in the a quo case fulfill the elements of criminal offenses stipulated under the ITE Law, particularly regarding illegal access and misuse of electronic systems. Nevertheless, challenges remain in evidentiary aspects and in interpreting the elements of the offense, which require careful legal reasoning to ensure effective law enforcement and legal certainty in handling phishing crimes. Therefore, strengthening the understanding of law enforcement authorities and developing adaptive regulations are necessary to address the evolving nature of cybercrime.]]>
