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Humaniorum Journal
Published by PT Elaborium Elevasi Indonesia
ISSN : -     EISSN : 2988277X     DOI : https://doi.org/10.37010
Core Subject : Science, Education, Social,
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science
Humaniorum Journal is an open-access journal published by Elena, published four times a year. Humaniorum Journal is a scientific publication media in the form of conceptual papers and field research related to the study of Law, Humaniora, social science, and development. The Humaniorum Journal is expected to be a medium for academics and researchers to publish scientific work and become a reference source for developing science and knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 143 Documents
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Analisis Yuridis Pidana terhadap Malpraktik Anestesi dalam Operasi Plastik di Klinik Kecantikan Sifa Agustina Nurbani; Raden Arif Awangga
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.166

Abstract

The rapid development of the aesthetic industry in Indonesia has led to a significant increase in invasive medical procedures, including the administration of anesthesia in plastic surgery procedures at aesthetic clinics. This condition gives rise to legal implications when such procedures are performed without complying with professional standards, legal authority, and patient safety principles, thereby potentially constituting medical malpractice with criminal consequences. This study aims to analyze the construction of criminal liability of medical personnel and aesthetic clinics in cases of anesthesia malpractice, examine criminal sanction mechanisms under Indonesian positive law, and identify normative gaps affecting legal protection and legal certainty for patients. This research employs a normative juridical method with statutory, conceptual, and case approaches through the analysis of the Criminal Code, Law Number 1 of 2023, Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and relevant case studies of alleged anesthesia malpractice in aesthetic clinics. The results indicate that anesthesia procedures performed without adherence to professional standards (lex artis), competence, and lawful authority constitute professional negligence (culpa professionalis) that may give rise to criminal liability when the elements of unlawful conduct, fault, harmful consequences, and causal relationship are fulfilled. Such criminal liability may be imposed not only on medical personnel as individual legal subjects but also on aesthetic clinics as corporate entities based on the principle of corporate criminal liability. This study concludes that although the criminal health law framework has provided a legal basis for criminal liability in anesthesia malpractice, normative gaps remain regarding the limits of anesthesia authority in aesthetic clinics. Therefore, regu
Perlindungan Hukum Terhadap Data Pribadi Konsumen Pada Aplikasi Investasi Online Bareksa dan Bibit Berdasarkan UU Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi Inka Widiastuti; Erry Praditya
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.167

Abstract

The growing public interest in online investment has led to a surge in the use of personal data within electronic systems. This situation creates an urgent need for stronger protection of user’s personal data. The main issue addressed in this study concerns the legal protection of consumer’s personal data in online investment applications, with reference to the Personal Data Protection Law No. 27 of 2022, as well as the legal consequences that may arise if application providers misuse such data. The purpose of this research is to understand the existing forms of legal protection available to consumers and to identify potential sanctions that may be imposed on application providers if they are found to have committed violations. The research employs a normative juridical method with a statutory approach. It is descriptive-analytical in nature, with data collected from primary, secondary, and tertiary legal materials. The data were analyzed qualitatively. This study will also discuss the implementation of personal data protection in several online applications. In conclusion, one form of implementing personal data protection is reflected in the privacy policy, which provides information on how personal data is managed and must be approved by the data owner. A proper privacy policy is one that complies with the provisions set forth in the law.
Telaah Yuridis Efektivitas Peran Dewan Perwakilan Daerah (DPD) dalam Menjalankan Kekuasaan Legislatif di Indonesia Yoseph F Dato Namang; Punta Yoga Astoni
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.168

Abstract

Indonesia's post-1998 constitutional reform established the Regional Representative Council (DPD) to channel territorial representation, but its constitutional functions remain different from the House of Representatives' power to enact laws. This normative juridical study analyses the DPD's legislative, advisory, and supervisory functions and evaluates their normative effectiveness. The study applies statutory, conceptual, and case approaches to the 1945 Constitution, Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD as amended, particularly Articles 248, 249, and 276-284, Constitutional Court Decisions Number 92/PUU-X/2012 and 79/PUU-XII/2014, and relevant legal scholarship. Effectiveness is assessed through access to legislative agenda setting, participation in first-level deliberations, authority in final approval, formal procedures for submitting considerations, and mechanisms for following up supervisory results. The analysis shows that the Constitutional Court strengthened the DPD's procedural position in proposing bills, participating in the National Legislation Program, and deliberating region-related bills at the first level. Nevertheless, the DPD does not participate in final approval, while its considerations and supervisory reports are submitted to the DPR without a binding adoption or written-response mechanism. Accordingly, the DPD produces constitutionally recognized institutional outputs, but its decisional influence remains limited. Indonesia therefore operates a soft bicameral arrangement in which regional representation is present, although its influence on final state decisions is not equivalent to that of the DPR.Indonesia's post-1998 constitutional reform established the Regional Representative Council (DPD) to channel territorial representation, but its constitutional functions remain different from the House of Representatives' power to enact laws. This normative juridical study analyses the DPD's legislative, advisory, and supervisory functions and evaluates their normative effectiveness. The study applies statutory, conceptual, and case approaches to the 1945 Constitution, Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD as amended, particularly Articles 248, 249, and 276-284, Constitutional Court Decisions Number 92/PUU-X/2012 and 79/PUU-XII/2014, and relevant legal scholarship. Effectiveness is assessed through access to legislative agenda setting, participation in first-level deliberations, authority in final approval, formal procedures for submitting considerations, and mechanisms for following up supervisory results. The analysis shows that the Constitutional Court strengthened the DPD's procedural position in proposing bills, participating in the National Legislation Program, and deliberating region-related bills at the first level. Nevertheless, the DPD does not participate in final approval, while its considerations and supervisory reports are submitted to the DPR without a binding adoption or written-response mechanism. Accordingly, the DPD produces constitutionally recognized institutional outputs, but its decisional influence remains limited. Indonesia therefore operates a soft bicameral arrangement in which regional representation is present, although its influence on final state decisions is not equivalent to that of the DPR.
Perlindungan Hukum Investor Kripto pada Exchange Di Indonesia : Analisis Kewajiban dan Pertanggungjawaban Exchange Atas Risiko Hacking Citra Aras Sintia; Rahmat Dwi Putranto
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.170

Abstract

Crypto-asset consumers depend on regulated intermediaries to execute transactions and, in certain arrangements, to safeguard digital assets. This dependence creates a legal question when unauthorized access or another cyber incident causes an asset outflow or service disruption. This article examines the allocation of preventive and remedial duties under Indonesian law and the conditions under which a Digital Asset Trader may be held liable for hacking-related losses. It uses normative legal research with statutory, conceptual, and limited comparative approaches, supported by an event illustration concerning the September 2024 Indodax incident. The event sources are limited to company statements, news reports, and publicly observable information; no court judgment, regulator finding, internal ledger, or forensic report was available. The study finds that POJK Number 27 of 2024, as amended by POJK Number 23 of 2025, already differentiates the duties of Digital Asset Traders and Custody Managers, requires separate records and custody arrangements, and assigns responsibility for crypto assets stored by each entity. Consumer redress is also available through internal complaints, LAPS SJK, OJK action, contract, consumer-protection law, and tort. Liability nevertheless requires proof of a legal duty, breach of the applicable standard of care, foreseeability, causation, actual recoverable loss, and the absence of a valid defence. The remaining gaps are narrower: Indonesia has no hacking-specific automatic compensation fund, no uniform public assurance model reconciling reserves with customer liabilities, and no detailed common protocol for valuing complex losses. Because the required evidence is unavailable, legal responsibility for the Indodax incident cannot be conclusively determined
Benturan Antara Prinsip Pendaftaran Pertama Dan Persamaan Pada Pokoknya Dalam Hukum Merek Indonesia: Studi Kasus Sengketa Merek “Geprek Bensu” Heli Karolin; Ratih Kemala
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.171

Abstract

This study examines the normative relationship between Indonesia’s constitutive trademark system, commonly described as the first-to-file principle, and the statutory standard of persamaan pada pokoknya. Its novelty lies in separating the functions and legal consequences of Article 3, Article 21(1), Article 21(3), and the cancellation mechanism, and then testing their application in the “Geprek Bensu” dispute. This normative legal research applies statutory, case, and conceptual approaches to Law Number 20 of 2016 on Trademarks and Geographical Indications as amended by Law Number 6 of 2023, its implementing regulation, Decision Number 57/Pdt.Sus-Merek/2019/PN Niaga Jkt.Pst, and Supreme Court Decision Number 575 K/Pdt.Sus-HKI/2020. The materials were analyzed through grammatical and systematic interpretation, while the ratio decidendi was identified from the legal issues, judicial reasoning, and operative orders. The study finds that trademark rights arise after registration, whereas filing priority determines the order of competing applications. Persamaan pada pokoknya and bad faith are separate grounds that may support refusal or cancellation and require distinct proof. In the dispute, the Commercial Court rejected the claim in convention, partly granted the counterclaim, and ordered the cancellation of six later registrations; the Supreme Court rejected the cassation after examining the complete marks and the parties’ promotional relationship. The study recommends more explicit substantive-examination reasoning without reducing trademark ownership to filing priority alone.
Persetujuan Tindakan Medis dalam Tindakan Kedokteran Gigi Sebagai Bentuk Perlindungan Hak Pasien Siti Carinah; Yusuf Gunawan
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.172

Abstract

This study aims to analyze the legal regulation of informed consent in dental practice in Indonesia and examine its role in protecting patients’ rights. The research employs a qualitative method with a normative juridical approach, conducted through library research on primary, secondary, and tertiary legal materials, as well as analysis of court decisions, particularly the Supreme Court Decision of the Republic of Indonesia Number 3203 K/Pdt/2017. The findings indicate that the regulation of informed consent in Indonesia has a strong legal foundation through the Medical Practice Act, Health Act, and Minister of Health Regulation on Medical Consent. However, in practice, the implementation of informed consent is often reduced to an administrative formality and does not fully reflect a substantive communication process. Furthermore, informed consent plays a crucial role as an instrument for protecting patients’ rights, particularly in ensuring autonomy, information transparency, and serving as legal evidence in medical disputes. Therefore, it is necessary to enhance the understanding and implementation of informed consent comprehensively to achieve optimal legal protection for patients in dental practice.
Tindak Pidana Penipuan pada Transaksi Elektronik Ditinjau dari Hukum Positif Indonesia (Kajian Putusan Nomor 35/Pid.B/2025/PN Krg) Vina Rahmawati; Padimun Lumban Tobing
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.173

Abstract

Electronic transactions facilitate economic activity but also enable fraud to be presented as an apparently valid contractual relationship. This study examines the legal construction of criminal liability for online fraud and evaluates the application of Article 378 of the Indonesian Penal Code in Decision Number 35/Pid.B/2025/PN Krg. The research uses a normative juridical method with statutory, conceptual, and case approaches. Primary legal materials consist of the applicable Penal Code, the Electronic Information and Transactions Law, the Civil Code, and the court decision, supported by relevant legal literature. The findings show that the decisive distinction between fraud and breach of contract is not merely the non-performance of an obligation, but the presence of an unlawful intent, deceit, or a series of lies before or when the victim transfers money. In the case studied, fictitious persons and businesses, unrealistic profit promises, and the pattern of initial payments were considered together to establish the causal link between the deception and the victim’s transfer of funds. The court’s use of Article 378 was consistent with legality and culpability principles, while the proportionality of the sentence and victim recovery remain areas requiring fuller assessment.
Analisis Yuridis Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Pencucian Uang Eki Mandjasari; Nurmalia Ihsana
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.174

Abstract

Money laundering may be committed through a corporation, but corporate punishment requires a legally justified attribution of conduct and fault. This study analyzes the criteria for attributing money-laundering offences to corporations, the parties that may be punished, the applicable sanctions, and enforcement obstacles under Indonesian law. It employs normative legal research using statutory and conceptual approaches by examining Law Number 8 of 2010, Supreme Court Regulation Number 13 of 2016, the Criminal Code effective from 2 January 2026, official reports, and relevant legal literature. The study finds that Article 6 of Law Number 8 of 2010 permits punishment of a corporation and/or its Controlling Personnel only when the four criteria in Article 6(2) are cumulatively fulfilled. Corporate fault is further assessed through the corporation’s benefit or interest, its tolerance of the offence, and its failure to take preventive or compliance measures under Supreme Court Regulation Number 13 of 2016, in line with the general corporate provisions of the current Criminal Code. Sanctions consist of a fine and additional penalties, while enforcement remains constrained by proof of control and benefit, complex corporate structures, cross-border asset tracing, and institutional coordination. A harmonized attribution framework, risk-based anti-money-laundering compliance, beneficial-owner transparency, financial intelligence, and asset recovery are therefore required.
Kebijakan Hukum Pidana Mati Terhadap Pelaku Kekerasan Seksual Anak dalam Sistem Hukum Indonesia: Analisis Putusan Mahkamah Agung Nomor 5642 K/Pid.Sus/2022 Sari Melati; Agus Digdo Nugroho
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.175

Abstract

The death penalty for perpetrators of sexual violence against children creates a tension between the obligation to protect victims, proportional punishment, and the right to life. This study examines the ratio decidendi and the criminal-law policy reflected in Supreme Court Decision No. 5642 K/Pid.Sus/2022. It employs normative legal research using statutory, case, and conceptual approaches, with the official decisions of the Bandung District Court, Bandung High Court, and Supreme Court as the main primary legal materials. The study finds that the Bandung District Court initially imposed life imprisonment, the Bandung High Court changed the sentence to death under Article 81 paragraph (5) of the Child Protection Law, and the Supreme Court subsequently rejected both cassation petitions. The sentence was justified by the multiplicity of victims, repeated conduct, abuse of the offender’s position as an educator, and the extensive harm caused. Nevertheless, death is an alternative rather than a mandatory sanction. Following the entry into force of Law No. 1 of 2023 and Law No. 1 of 2026, capital punishment is positioned as a special, last-resort penalty accompanied by a ten-year probationary period and possible commutation. Therefore, the 2022 judgment remains significant, but its execution and policy implications must be interpreted within the new sentencing framework and must not displace restitution, protection, and recovery for victims.
Perlindungan Hukum Pihak Ketiga sebagai Kontak Darurat tanpa Persetujuan pada Aplikasi Pinjaman Online Zahra Putri Anggiana; Kiki Firmantoro
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.176

Abstract

Technology-based peer-to-peer lending services provide rapid access to financing while requiring extensive personal-data processing. A recurring legal problem arises when a borrower lists a third party’s phone number as an emergency contact without the data owner’s consent and the number is subsequently used in collection activities. This normative legal research employs statutory and conceptual approaches to examine the legal status of the third party, the duties of a licensed lending service provider, and the allocation of administrative, civil, and criminal liability. The study finds that a third-party phone owner is a personal-data subject and does not become a debtor or guarantor merely because the number is listed. Under Financial Services Authority Circular Letter No. 19/SEOJK.06/2025, a provider must confirm and obtain the emergency contact owner’s consent, explain the submitted data and associated risks, document the confirmation and consent, and may use the contact only to confirm the borrower’s whereabouts rather than to collect the debt. Preventive protection therefore rests on verification, purpose limitation, documentation, and supervision, while repressive protection includes cessation or deletion requests, regulatory complaints, compensation claims, and sanctions. Liability must be attributed to each actor and is not automatic: administrative sanctions concern licensed providers, civil liability requires proof of an unlawful act, fault, loss, and causation, and criminal liability arises only when the statutory elements and culpability are proven.

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