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Policy and Law Journal
Published by Laskar Karya
ISSN : -     EISSN : 30639034     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Policy and Law Journal is a scientific journal that focuses its studies on various fields of law, including civil law, criminal law, constitutional law, international law, Islamic law, procedural law, and customary law. This journal is committed to making a significant contribution to the development of legal studies both at the national and international levels through the publication of quality research articles. This journal serves as an academic forum for academics, researchers, legal practitioners, and students to discuss and develop ideas and innovations in the field of law. Every article published in this journal has gone through a rigorous peer-review process to ensure that the quality and validity of the published research is maintained. Articles published in this journal reflect the latest thinking and solutions to various legal problems that are relevant to the times. Policy and Law Journal is published twice a year, namely every June and December, published by Laskar Karya, with the aim of providing a space for discussion and development of legal science that is continuously updated according to the needs of society and the dynamics of existing law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Pelindungan Hukum Atas Data Pribadi Anak dalam Sistem Elektronik: Perspektif UU No. 27 Tahun 2022 Tentang Pelindungan Data Pribadi dan Global Donny Rifqi Miftahqul Huda; Endik Wahyudi
Policy and Law Journal Vol 2 No 1 (2025): Juni
Publisher : Laskar Karya

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Abstract

The use of the internet has become an integral part of modern life. Internet users are not limited to adults but also include children, who generally lack mental maturity. Their online activities leave various digital footprints in the form of data, which can be exploited by irresponsible parties. Without adequate protection, such data may be misused and pose threats to children's privacy and security. In response to this issue, the Indonesian government enacted Law No. 27 of 2022 on Personal Data Protection (PDP Law), aimed at protecting the personal data of Indonesian citizens. However, the PDP Law still falls short in offering sufficient protection for children's personal data. When compared to similar regulations in other countries, the PDP Law reveals several weaknesses—particularly in its definitions, which are supposed to provide clarity for the public. This study aims to analyze the shortcomings of the PDP Law concerning children’s data protection and to compare it with international legal frameworks. This research employs a normative legal method. The findings indicate that the PDP Law lacks clarity regarding the protection of children's personal data and contains legal gaps in regulating its processing.
Analisis Yuridis Terhadap Sengketa Hak Cipta atas Lagu ‘SKJ88’: Studi Kasus Putusan Nomor 66 PK/Pdt.Sus-HKI/2023 Hilda Ersella; Mariani; Boen Sidodo; Yadi Marsidi; Devina Sahara Amru; Hosea Putra Togatorop; Khairunnisa Aulia Ikramina Maulana
Policy and Law Journal Vol 2 No 1 (2025): Juni
Publisher : Laskar Karya

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This study uses the Supreme Court Decision No. 66 PK/Pdt.Sus-HKI/2023 as a case study to examine copyright protection in the “Physical Fitness Gymnastics 88” music dispute. In this study, the case study and legislative methods are combined with a normative legal strategy. The primary objective of this study is to examine the application of legal protection against copyright infringement in the digital age and its impact on the development of intellectual property rights (IPR) legislation in Indonesia. The study's findings indicate that the Supreme Court's decision provides tangible protection for creators by imposing significant financial penalties and immaterial damages on infringers. This decision supports more progressive legal protection in the face of digital era challenges and underscores the serious and unforgivable nature of copyright infringement. In addition to raising public legal awareness and setting an important precedent in the enforcement of intellectual property rights (IPR) laws, the implications of this decision encourage collaboration between the government, users, and artists to build a stronger and fairer ecosystem for copyright protection.
Penerapan Konsep Good Governance dalam Pelayanan Publik di Pemerintahan Muhammad Islahuddin
Policy and Law Journal Vol 2 No 1 (2025): Juni
Publisher : Laskar Karya

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Abstract

The provision of public services is a fundamental responsibility of the state to meet the basic needs and civil rights of every citizen through accessible goods, services, and administrative functions. However, persistent problems in public administration highlight the need for comprehensive reform to ensure that governance becomes more professional, accountable, and trustworthy. This study aims to analyse current challenges in the provision of public services within the framework of good governance, as well as to provide legal and structural recommendations to improve bureaucratic performance. The study uses a normative legal research method, employing a legal and conceptual approach to analyse legal norms and governance theories relevant to public administration. The findings show that structural weaknesses in the bureaucracy, particularly in the budgeting process for public services, significantly hinder the effective provision of services. In addition, the quality of public services remains suboptimal due to a rigid bureaucratic culture and resistance to innovation and citizen-oriented practices. Another contributing factor is the behaviour of state officials, who often display a mindset of privilege and authority rather than service and responsiveness. These issues reflect a deeper misalignment between the normative idealism of good governance and its implementation in practice. Based on these findings, the study recommends legal and institutional reforms aimed at strengthening budget accountability, promoting a culture of service within the bureaucracy, and raising the ethical standards of public officials to align with the principles of good governance and the rule of law.
Perlindungan Hukum Hak Paten dan Keadilan Akses Obat Pasca Undang-Undang Nomor 65 Tahun 2024 Johannes; Farah Amandasari; Naila Putri Azzahra; Vella Monica; Dessy Puspita Tjahjadi; Martaida Sinaga; Novianlee Nata; Karolus Nahas
Policy and Law Journal Vol 2 No 1 (2025): Juni
Publisher : Laskar Karya

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Abstract

This study aims to analyze the legal protection of patent rights following the enactment of Law Number 65 of 2024 on Patents, as well as to examine its legal implications for equitable access to medicines in Indonesia. The background of this research stems from the need for a patent regulation framework that not only safeguards exclusive rights for patent holders but also ensures affordability and availability of essential medicines for the public. The focus is on two newly regulated mechanisms: parallel import and the Bolar provision, which are part of the TRIPS flexibilities adapted into national law. The research adopts a normative juridical method, employing statutory and conceptual approaches. The data were analyzed descriptively through literature review, regulatory comparisons, and interpretation of relevant international legal instruments, including the TRIPS Agreement and the Doha Declaration. The results indicate that Law No. 65/2024 introduces a more balanced paradigm of patent protection. Parallel import provides a legal basis for importing patented medicines from abroad without the domestic patent holder’s consent, as long as they are lawfully marketed in the country of origin. The Bolar provision allows generic manufacturers to conduct research and testing prior to patent expiry, enabling timely availability of generic medicines post-patent. The discussion concludes that although both mechanisms are normatively regulated, their effectiveness depends heavily on technical regulations, inter-agency coordination, and consistent policy evaluation. Overall, the law represents a strategic move toward a patent system that is inclusive and oriented toward public health equity.
Tinjauan Yuridis Terhadap Perlindungan Anak Pasca Perceraian Orang Tua Herdy Pratama Susantyo; Wahibatul Maghfuroh
Policy and Law Journal Vol 2 No 1 (2025): Juni
Publisher : Laskar Karya

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Abstract

Islam places harmony within the family as a fundamental aspect, viewing marriage as a sacred bond aimed at creating a prosperous family. However, divorce remains an unavoidable social reality, although in Islam, it is only permitted as a last resort. One of the most significant impacts of divorce is on children, who may experience emotional and psychological instability, as well as challenges in their social and academic lives. Therefore, it is the responsibility of parents to minimise the negative effects of divorce on their children. From a legal perspective, divorce affects the rights and obligations of parents, particularly regarding custody and child support. In the Indonesian legal system, various regulations such as Law No. 1 of 1974 on Marriage, the Child Protection Law, and the Compilation of Islamic Law (KHI) have regulated the protection of children after divorce based on the principle of the best interests of the child. However, the implementation of these provisions still faces several challenges, such as non-compliance with maintenance obligations and prolonged disputes over custody rights. This study employs a normative legal method to analyse the effectiveness of post-divorce child protection regulations and the various challenges in their implementation. It is hoped that the findings of this study will provide more effective policy recommendations to ensure the well-being of children after their parents' divorce.
Tinjauan Normatif Terhadap Praktik Dispensasi Kawin Anak Pasca Peningkatan Angka Pengajuan di Pengadilan Agama Ubaidillah, Jefri
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

Child marriage remains a serious issue in Indonesian family law, even though the minimum age of marriage has been raised to 19 years through Law No. 16/2019. The significant increase in marriage dispensation applications in religious courts indicates the existence of legal loopholes that allow the practice to continue. This study aims to examine the provisions of marriage dispensation in the Indonesian legal system, examine the legal loopholes, and analyse the impact on the protection of children's rights. The method used is normative juridical with a literature study approach. Primary legal materials consist of laws and the Compilation of Islamic Law, while secondary materials are books, journals and scientific articles. The analysis was conducted qualitatively. The results show that the phrase ‘very urgent reasons’ in Article 7 paragraph (2) has not been clearly formulated, leaving room for wide interpretation for judges. In addition, the implementation of PERMA No. 5/2019 has not been optimal in providing child protection. The novelty of this research lies in the normative and implementative evaluation of the regulation of marriage dispensation. This research recommends improving the rules and strengthening supervision so that marriage dispensation is no longer a loophole for legalising child marriage.
Kesadaran Hukum Pelaku Usaha atas Pendaftaran Merek Dagang: Tinjauan Hukum Ekonomi Syariah Riskawati
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

This study aims to analyze the level of legal awareness among business actors in registering their trademarks in the field of intellectual property at the Regional Office of the Ministry of Law and Human Rights of Southeast Sulawesi. Legal awareness in this context includes the understanding, attitudes, and behavior of business actors toward the importance of legal protection for trademarks. The research method used is a juridical-empirical approach, with data collected through interviews, observations, and documentation involving MSME actors and officials from the Regional Office. The findings reveal that the legal awareness of business actors in Kendari City remains low, as indicated by the limited number of registered trademarks. Several inhibiting factors were identified, including lack of legal knowledge, the perception that the registration process is complex and costly, and insufficient outreach from relevant institutions. On the other hand, business actors who have registered their trademarks reported clear benefits, such as legal protection, increased competitiveness, and business legitimacy. Therefore, continuous educational and participatory approaches, along with inter-agency collaboration, are essential to enhance the legal literacy of business actors regarding trademark registration.
Kepastian Hukum E-Akta Notaris Sebagai Alat Bukti Autentik Dalam Sistem Pembuktian Perdata di Indonesia Ali Munib; Samsul Huda
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

The advancement of digital technology has driven the transformation of notarial practice toward the use of Electronic Notarial Deeds (E-Deeds) as part of the modernization of civil law in Indonesia. However, the absence of explicit legal provisions regarding their status and evidentiary power creates legal uncertainty. This study aims to analyze the formal and material validity of E-Deeds in relation to the civil evidentiary system and to formulate a normative framework ensuring their legality and authenticity. The research employs a normative juridical method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. The findings reveal that E-Deeds may be recognized as authentic evidence if they satisfy both formal and material validity requirements, are supported by certified digital security systems, and are regulated within a harmonized legal framework between the Notary Law and the Electronic Information and Transactions Law (ITE Law).
Rekognisi Hukum Pidana Adat di Era Modernisasi Hukum Nasional Badrut Tamam; Yudha Bagus Tunggala Putra
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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This study aims to analyze the integration of customary criminal law into the national legal system based on the principles of justice and the values of Pancasila. The research adopts a normative legal method by analyzing statutory regulations, legal concepts, and relevant cases. It also explores the philosophical foundations and the ratio legis of recognizing customary criminal law within the context of legal modernization, as reflected in the new Criminal Code under Law Number 1 of 2023. The findings indicate that customary criminal law holds a significant position as a reflection of social justice in local communities. However, its integration into the national legal system faces challenges, particularly in harmonizing customary law principles with modern legal norms. This study concludes that the principles of justice enshrined in Pancasila can serve as an ethical framework to align customary criminal law with national law, fostering an inclusive and culturally responsive legal system in Indonesia.
Status Nasab dan Hak Waris Anak Sumbang dalam Perspektif Hukum Perdata dan Hukum Islam Meidezella; Dwi Wahyuni; Ali Munib
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

A child born out of wedlock refers to a child conceived from a relationship prohibited by law due to close blood relations between a man and a woman. The existence of such a child raises complex legal issues, particularly concerning lineage (nasab) and inheritance rights, both under civil law and Islamic law. This study aims to analyze and compare the lineage status and inheritance rights of children born out of wedlock under Indonesian civil law and Islamic law. The research method employed is normative legal research with a comparative approach, involving the review of legislation, legal doctrines, and relevant literature. The findings indicate that both legal systems share the principle that the biological father-child relationship is not legally recognized. Under civil law, a child born out of wedlock has no inheritance rights, and recognition is limited to the provision of necessary maintenance. Meanwhile, in Islamic law, a child born out of wedlock is treated like a child of zina (illicit sexual relationship), having lineage and inheritance rights only with the mother and her family. Thus, it can be concluded that both legal systems restrict the inheritance rights of children born out of wedlock, while still emphasizing the moral and humanitarian obligations of parents to fulfill the basic rights of the child.

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