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SIMPUL: Jurnal Ilmu Politik dan Hukum
Published by Gema Cendekia Institute
ISSN : -     EISSN : 30900867     DOI : https://doi.org/10.71094/simpul
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SIMPUL: Jurnal Ilmu Politik dan Hukum is an open access, and peer-reviewed journal, with main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social, political and law issues: gender politics and identity, digital society and disruption, civil society movement, community welfare, social development, citizenship and public management, public policy innovation, international politics & security, media, information & literacy, politics, governance & democracy, radicalism and terrorism. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 37 Documents
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Analisis Penerapan Pasal 1365 KUHPerdata dalam Tindakan Pemerintah Daerah Lombok Barat sebagai Perbuatan Melawan Hukum Muhammad Rizky Pratama; Nur Aisyah Rahmdani
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 1 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Maret 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i1.366

Abstract

The application of Article 1365 of the Civil Code (KUHPerdata) regarding unlawful acts is crucial in assessing actions taken by local governments. This study aims to analyze the application of Article 1365 of the Civil Code in the actions of the West Lombok local government that are considered unlawful acts. In this context, unlawful acts can be defined as actions that violate the rights of others or applicable legal norms, which may cause harm to other parties. This study employs a legal-normative method, utilizing an analytical approach to relevant legislation, as well as a case study of the actions taken by the West Lombok local government. The results of the study indicate that although the local government possesses the authority to formulate policies, certain actions taken have violated the legal principles established in Article 1365 of the Civil Code, such as non-compliance with applicable legal procedures or the presence of elements of negligence that cause harm to others. This study concludes that the application of Article 1365 of the Civil Code in cases of unlawful acts by the West Lombok local government needs to be reinforced with stricter oversight to ensure justice for the community.
Perlindungan Hukum, Hak, dan Tanggung Jawab Debitur dalam Perjanjian Pinjam Meminjam Berbasis Aplikasi Digital di Indonesia: Perspektif Hukum dan Praktik Fintech Andi Kurniawan; Siti Rahmawati; Budi Santoso
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 1 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Maret 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i1.367

Abstract

The development of financial technology (fintech) in Indonesia has spurred the emergence of digital app-based lending platforms that facilitate access to financing for the public. However, this convenience also poses legal risks for borrowers, particularly in cases of default. This study aims to analyze the legal protections, rights, and responsibilities of borrowers in digital app-based lending agreements in Indonesia, as well as to evaluate fintech practices regarding compliance with applicable regulations. The research methods employed include a legal-normative approach and case studies, analyzing legislation, decisions by the Financial Services Authority (OJK), and the operational practices of fintech platforms. The findings indicate that while fintech regulations have established a legal framework for debtor protection, gaps remain in the implementation of agreements and dispute resolution mechanisms that favor creditors. Debtors have the right to clear information, protection of personal data, and access to mediation mechanisms before legal action is taken. Meanwhile, the debtor’s responsibilities include fulfilling payment obligations and complying with the terms of the agreement. This study recommends strengthening debtor education, enhancing transparency in digital contracts, and implementing stricter oversight of fintech practices to improve legal certainty and consumer protection.
Penerapan Konsep Demokrasi dalam Sistem Politik Indonesia Pasca-Reformasi Rina Prasetya; Ahmad Zainudin
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 1 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Maret 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i1.368

Abstract

The application of the concept of Pancasila Democracy in Indonesia’s post-reform political system is a relevant topic for understanding the country’s evolving political dynamics. Pancasila Democracy, as the ideological foundation of the state, holds that democracy must be implemented by prioritizing the values of Pancasila, which emphasize deliberation to reach consensus, social justice, and respect for human rights. This study aims to analyze the extent to which the concept of Pancasila Democracy has been applied in Indonesia’s political system following the reform era, by assessing changes in political structures and the practice of democracy. The approach employed in this study is legal-normative, analyzing legislation, political policies, and the implementation of democracy in post-reform Indonesian political practice. The results of the study indicate that although there have been efforts to integrate Pancasila values into the political system, the implementation of Pancasila democracy post-reform has often been hindered by practical political interests, weak social control, and disparities in political representation. This study concludes that to realize a substantive Pancasila democracy, it is necessary to strengthen political institutions, increase public participation, and ensure more effective oversight of the implementation of political policies in Indonesia.
Perbandingan Keabsahan Jual Beli Tanah Menggunakan Nominee dan Metode Tradisional: Tinjauan dari Hukum Positif Antonia Wibawa; Joko Santono
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 2 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Juni 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i2.369

Abstract

Land sale and purchase agreements using a nominee or “borrowed name” system are often used to circumvent applicable legal restrictions, particularly those related to land ownership by foreign nationals. However, this practice has sparked debate regarding its validity under Indonesian positive law. This study aims to compare the validity of land sale and purchase agreements using nominees versus traditional methods, as well as to assess the legal implications arising from both practices. Using a legal-normative approach, this study analyzes relevant legislation, including the Basic Agrarian Law (UUPA) and regulations concerning land ownership by foreigners. The results indicate that while land sale and purchase agreements using nominees do not fully comply with existing legal provisions, this practice remains widely used in land transactions. Conversely, the traditional method, which follows proper legal procedures, tends to be more legally valid and provides stronger legal protection for the parties involved. This study concludes that the use of nominees in land sales carries the risk of legal disputes, whereas the traditional method is safer, although it is sometimes hindered by strict regulations.
Pertanggungjawaban Pidana atas Penyalahgunaan AI Generatif: Celah Hukum dalam KUHP Baru dan UU ITE Mahmud; Nurfaidah
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 2 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Juni 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i2.397

Abstract

The rapid development of generative artificial intelligence (AI) technology has brought significant changes to various aspects of life, including the field of criminal law. On the one hand, this technology offers great benefits in terms of efficiency and innovation; on the other hand, it also opens the door to various new forms of crime, such as the creation of deepfake content, the spread of disinformation, and fraud based on digital impersonation. Problems arise when the existing legal framework, particularly in the new Criminal Code and the Law on Information and Electronic Transactions (ITE Law), does not explicitly regulate the misuse of generative AI. This creates a legal loophole in determining the form of criminal liability, especially regarding the element of fault (mens rea) and the legal subjects that can be held liable. This study aims to analyze the concept of criminal liability for the misuse of generative AI and to identify legal loopholes in the new Criminal Code and the UU ITE. The method used was normative legal research employing a legislative and conceptual approach, supported by primary and secondary legal sources. The findings indicate that while certain provisions in the new Criminal Code and the ITE Law can be used to prosecute perpetrators, there remain limitations in addressing the complexity of AI-based crimes, particularly regarding the burden of proof, attribution of acts, and the determination of liable parties. A reformulation of the law is needed that is more adaptive to technological developments, including specific regulations regarding generative AI as well as adjustments to the concept of criminal liability so as to provide legal certainty and effective protection for the public.
Politik Hukum Pembentukan Komisi Yudisial Abdul Khalik
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 2 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Juni 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i2.440

Abstract

The establishment of the Judicial Commission is part of the legal policy of reform aimed at strengthening the independence of the judiciary and enhancing the integrity of the judicial system in Indonesia. This article examines the legal policy behind the establishment of the Judicial Commission, its authority as stipulated by law, and its relevance from the perspective of maslahah. This study employs a normative legal method using a legislative and conceptual approach. The results of the study indicate that the Judicial Commission was established as a mechanism for checks and balances within the judicial system, as stipulated in Article 24B of the 1945 Constitution of the Republic of Indonesia and Law No. 18 of 2011. The Judicial Commission’s authority includes proposing the appointment of Supreme Court justices and overseeing the honor, dignity, and conduct of judges. From a maslahah perspective, these authorities aim to realize justice, maintain public trust in the judicial institution, and prevent the abuse of authority. Therefore, the existence of the Judicial Commission has a constitutional foundation as well as a value of public interest for society.
Kemiskinan dan Tanggung Jawab Konstitusi Negara Muh. Khaerul Anas
SIMPUL: Jurnal Ilmu Politik dan Hukum Vol. 2 No. 2 (2026): SIMPUL: Jurnal Ilmu Politik dan Hukum, Juni 2026
Publisher : Gema Cendekia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/simpul.v2i2.456

Abstract

Poverty is a multidimensional problem that is not only related to economic aspects but also encompasses legal, social, and political dimensions. Within the framework of a rule-of-law state and a welfare state, poverty is closely linked to the constitutional responsibility of the state to fulfill the fundamental rights of its citizens. This article aims to analyze poverty as a constitutional issue and to examine the extent of state responsibility in poverty alleviation based on the constitutional framework, particularly the 1945 Constitution of the Republic of Indonesia. This study employs a normative legal research method using statutory and conceptual approaches, conducted through a literature review of legal documents, academic literature, and relevant previous studies. The findings indicate that the Indonesian Constitution explicitly and implicitly imposes obligations on the state to respect, protect, and fulfill economic, social, and cultural rights as the foundation for poverty alleviation. However, the implementation of these responsibilities continues to face structural, institutional, and policy-related challenges. This article concludes that poverty should not be viewed merely as an individual failure, but rather as an indicator of the effectiveness of the state’s constitutional responsibility. Strengthening constitutional commitment, policy consistency, and state accountability constitutes an important implication of this study, both theoretically and practically.

Page 4 of 4 | Total Record : 37

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