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Corpus Juris : Jurnal Ilmu Hukum
Published by Lembaga Pendidikan dan Penelitian Manggala Institute
ISSN : -     EISSN : 31099173     DOI : https://doi.org/10.62335/corpusjuris.v1i1.743
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 39 Documents
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PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU CATCALLING SEBAGAI BENTUK PELECEHAN VERBAL DI RUANG PUBLIK DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Sesilia Eleanor Sarkawi; Diding Rahmat
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2920

Abstract

Catcalling is a prevalent form of verbal sexual harassment occurring in public spaces across Indonesia, yet for a long time it lacked adequate criminal law regulation. This study aims to identify and analyze the regulation of Indonesian criminal law regarding catcalling as a form of verbal harassment in public spaces, as well as to analyze the form of criminal liability applicable to its perpetrators from the perspective of Indonesian criminal law. This research employs a normative legal research method using the statute approach, conceptual approach, and case approach, drawing on secondary data derived from primary, secondary, and tertiary legal materials, supported by empirical data in the form of official surveys and statistics on sexual harassment in public spaces. The data were analyzed qualitatively using a prescriptive method. The findings indicate that the criminal law regulation of catcalling has developed through three regulatory phases: the old Criminal Code (KUHP), which did not specifically address catcalling; Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS), which through Article 5 explicitly criminalizes non-physical sexual harassment; and Law Number 1 of 2023 concerning the New Criminal Code, which strengthens general decency offenses. Nevertheless, normative gaps remain, including the relatively light criminal sanctions and the classification of Article 5 of the UU TPKS as a complaint-based offense. The criminal liability of catcalling perpetrators can be coherently constructed through the fulfillment of the elements of a criminal act, capacity for criminal responsibility, fault in the form of intent (dolus), and the absence of justifying or excusing grounds. However, its practical implementation still faces obstacles such as evidentiary difficulties, limited capacity among law enforcement officers, and a persistent culture of victim blaming. This study recommends an integrated approach combining the strengthening of legal norms, the strengthening of law enforcement implementation, and non-penal measures to achieve effective legal protection for victims of catcalling in public spaces.
KEPASTIAN HUKUM PERALIHAN JUAL BELI HAK ATAS TANAH YANG DILAKUKAN TANPA AKTA JUAL BELI YANG DIBUAT DI HADAPAN PPAT Tia Mandasari; Dhoni Martien; Felicitas Sri Marniati
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2921

Abstract

Article 37 paragraph (1) of Government Regulation Number 24 of 1997, as amended by Government Regulation Number 18 of 2021, provides that the transfer of land rights through sale and purchase may only be registered if evidenced by a deed executed by a Land Deed Official (PPAT). In practice, however, land sale and purchase transactions conducted privately without a PPAT deed are still frequently found, thereby creating legal problems for the buyer. The research questions what are the legal consequences of the sale and purchase of land rights conducted without a sale and purchase deed executed by a PPAT, and how is legal certainty achieved in the transfer of land rights through sale and purchase conducted without such a deed? This research applies Jan Michiel Otto’s theory of legal certainty and Boedi Harsono’s theory of land registration. This study employs normative juridical legal research. The approaches used are the statutory, case, analytical, and conceptual approaches. Legal materials were collected through the identification and inventory of positive legal provisions, books, journals, and other relevant legal sources. The legal materials were analyzed using grammatical and systematic interpretation, as well as the legal construction techniques of analogy and legal refinement (rechtsverfijning). The results demonstrate that a land sale and purchase transaction conducted without a PPAT deed remains valid as an agreement if it satisfies the requirements under Article 1320 of the Indonesian Civil Code and the customary law principles of terang and tunai. However, such validity is limited to an obligatory relationship between the seller and the buyer and does not effectuate the juridical transfer of land rights, which requires registration with the Land Office. Consequently, the land rights remain registered in the seller’s name. Legal certainty may be achieved through the execution of a Sale and Purchase Deed before a PPAT. If the seller refuses to sign the deed, the buyer may file a lawsuit, and a final and binding court decision may serve as the basis for executing the deed and registering the transfer of land rights.
PERTANGGUNGJAWABAN PIDANA DEBITUR SELAKU PEMBERI FIDUSIA ATAS PENGALIHAN HAK OBJEK JAMINAN FIDUSIA DI INDONESIA David Pahala; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2922

Abstract

Fiduciary security is a security institution that grants a preferential position to creditors. Based on Law Number 42 of 1999 concerning Fiduciary Security, the object of fiduciary security remains in the possession of the debtor as the grantor of fiduciary security based on trust. However, in practice, debtors often transfer the rights to the object of fiduciary security to third parties without prior written consent from the creditor. Such an act can harm the creditor and violate the principle of trust in the fiduciary agreement. This study aims to analyze the criminal liability of the debtor as the grantor of fiduciary security who transfers the rights to the object of fiduciary security in Indonesia. The method used is normative legal research with a statute approach and a conceptual approach. The results of the study indicate that the act of a debtor who transfers, pawns, or leases the object of fiduciary security without prior written consent from the fiduciary recipient constitutes a criminal offense. This is stipulated in Article 35 letter b in conjunction with Article 23 paragraph 2 of Law Number 42 of 1999 concerning Fiduciary Security. The penalty is imprisonment for a maximum of 2 years and/or a fine of up to IDR 50,000,000.00. This criminal offense is formal in nature and is a complaint-based offense. Thus, the criminal provisions aim to provide legal protection to creditors and create legal certainty so that the object of fiduciary security is not misused by the debtor while the debt has not been repaid.
KEKUATAN PEMBUKTIAN PERDATA ATAS MINUTA AKTA YANG HILANG DAN IMPLIKASINYA TERHADAP TANGGUNG JAWAB NOTARIS Intan Aulia Sari; Wira Franciska; Khoirul Anwar
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2923

Abstract

The existence of a minute deed as the original document in the notarial protocol is an essential element in maintaining the authenticity of a notarial deed. The loss of a minute deed in practice creates legal uncertainty regarding the evidentiary force of the deed and has implications for notary liability. The issues raised in this study are: how is the civil evidentiary force of a lost minute deed, and how is the notary's liability for the loss of a minute deed. The theories used as analytical tools are the evidentiary theory of R. Subekti and the legal liability theory of Hans Kelsen.This research employs a normative legal research method, namely library-based legal research using secondary data sources consisting of primary, secondary, and tertiary legal materials. The research approaches used are the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. Legal materials were collected by identifying and inventorying positive legal rules, literature, journals, and other legal sources. The analysis was conducted using grammatical interpretation, systematic interpretation, and legal construction methods, including analogy construction and legal refinement. The research findings reveal that the loss of a minute deed affects the position of a notarial deed as authentic evidence because the external, formal, and material evidentiary aspects cannot be optimally fulfilled. The absence of a minute deed prevents the deed from being verified for its authenticity and may reduce its evidentiary value in court. Furthermore, a notary has a legal obligation to preserve and maintain minute deeds as part of the notarial protocol. Negligence resulting in the loss of a minute deed may lead to administrative, civil, or criminal liability depending on the legal consequences arising from such loss
PENEGAKAN HUKUM TERHADAP SUAMI PELAKU TINDAK PIDANA YANG MELANGSUNGKAN PERKAWINAN KEDUA TANPA IZIN DALAMHUKUM PIDANA INDONESIA Mansur Febrian; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2924

Abstract

From an Islamic legal perspective, unregistered marriages are still considered valid, but under state law, such marriages are not considered valid unless they are registered with the Religious Affairs Office (KUA) or the Civil Registry Office. The problem becomes more complex when unregistered marriages are confronted with Article 402 of the 2023 Criminal Code, which stipulates criminal penalties for remarrying while still legally married. In law enforcement practice, Article 402 of the Criminal Code is often difficult to apply to unregistered marriages due to evidentiary issues, differing interpretations of the validity of the marriage, and the lack of synchronization between criminal and marital norms in the Marriage Law. This situation indicates a disharmony between criminal and marital norms. The research problem is formulated as follows: what forms of marital crimes are defined in Indonesian criminal law and how to enforce the law against perpetrators of marital crimes in the Indonesian criminal justice system. The research method used is a normative juridical legal approach. This research uses a statute approach, a case approach, an analytical approach, and a conceptual approach, which are principally sourced from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles, and tertiary legal materials from libraries, articles, and websites. The legal material analysis technique uses grammatical interpretation techniques. The conclusion of this study is that the form of criminal acts of marriage in Indonesian criminal law is regulated in Article 402 of the National Criminal Code which is basically an adoption of Article 279 of the Criminal Code. This provision criminalizes the act of carrying out a marriage when there is still another marriage that is a legal obstacle and law enforcement against perpetrators of criminal acts of marriage in the Indonesian criminal justice system has not fully realized legal certainty. The suggestion of this study is to harmonize the provisions of Article 402 of the Criminal Code with Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, especially regarding the definition of "marriage" which is the basis for criminal responsibility and to create a SEMA regarding guidelines or judicial policies that provide direction for the interpretation of the elements of criminal acts of marriage, especially regarding the relationship between the provisions of criminal law and marriage law.
KEPASTIAN HUKUM PENGATURAN INVESTIGASI AWAL KEMATIAN DI ATAS KAPAL SEBAGAI UPAYA PENCEGAHAN HILANGNYA ALATBUKTI TINDAK PIDANA Christian Budiman; Mohamad Ismed; Santrawan T. Paparang
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2936

Abstract

Deaths occurring on board ships present unique challenges because vessels may operate far beyond the immediate reach of law enforcement agencies; consequently, the initial state of the scene, the body, and potential sources of evidence are susceptible to alteration or loss. Although maritime law regulates seafarer competence and certification regarding safety and medical matters, there are currently no specific regulations governing the initial investigation of deaths—specifically one focused on preserving facts and potential evidence of criminal offenses. This situation creates uncertainty regarding the competent authority, the appropriate standard of conduct, and the procedures to be followed prior to the arrival of law enforcement officials on board. The research addresses two key issues: the legal framework governing the initial investigation of deaths on board ships as a means to prevent the loss of criminal evidence, and the extent of legal certainty provided by these regulations in safeguarding such evidence. The study employs Jan Michiel Otto’s Theory of Legal Certainty and M. Yahya Harahap’s Theory of Evidence. The research employs a normative-juridical legal approach. It utilizes the statute approach, case approach, analytical approach, and conceptual approach, drawing primarily from primary legal sources (statutes and case studies) and secondary sources (books, research findings, and articles), as well as tertiary sources (library materials, articles, and websites). The analysis of legal materials employs the technique of grammatical interpretation. Research findings indicate that regulations regarding seafarer competence and certification in Indonesia cover safety, first aid, and medical care competencies but do not specifically address the competence required for the initial investigation of deaths on board—specifically investigations focused on preserving the scene and potential evidence. Limited access for law enforcement officials—due to geographical factors and the operational nature of vessels—combined with the risk of the body being altered, moved, or even committed to the sea, creates a risk of losing evidence; consequently, establishing a legal framework for initial death investigations on board requires provisions that go beyond mere specialized certification to clearly define the responsible parties, competence standards, scope and limits of authority, procedures for scene preservation and documentation, oversight, accountability, and the mechanism for handing over findings to law enforcement authorities.
PENYELESAIAN SENGKETA TERHADAP AKTA WASIAT YANG MELANGGAR LEGITIME PORTIE DAN MERUGIKAN AHLI WARIS Iis Riantika; Wira Franciska; Hedwig Adianto Mau
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2938

Abstract

This research is prompted by recurring disputes over testamentary deeds that infringe upon the legitime portie, resulting in the reduction of forced heirs' absolute entitlements and generating legal uncertainty in estate distribution. The research addresses three main problems: the legal framework governing testamentary deeds that violate the legitime portie, the mechanism for resolving disputes arising from such deeds, and the legal consequences imposed on the involved parties. This study applies Dispute Resolution Theory and Legal Consequences Theory. This research applied a normative juridical method based on library research and secondary data, such as primary, secondary, and tertiary legal sources. This research adopted statutory, case, and analytical approaches. Legal materials were collected through the identification and inventory of applicable laws and regulations, books, journals, and other relevant legal sources. Data analysis used grammatical and systematic as well as legal construction through analogy and legal refinement. The research finds that the legal consequence of a will that violates the legitime portie is the reduction of the testamentary disposition (actie van inkorting) in order to restore the reserved portion rights of the legitimaris. The complete annulment of the deed may only be pursued where the deed contains an object beyond the testator’s legal authority. Therefore, dispute resolution should ideally be pursued through non-litigation mechanisms, such as deliberation, negotiation, or mediation, in order to preserve family relationships and achieve procedural efficiency. Litigation should be pursued as an ultimum remedium to ensure legal certainty and the protection of the heirs’ rights.
VALIDITAS AKTA-AKTA SYARIAH DALAM SISTEM HUKUM NASIONALSTUDI NORMATIF ATAS TEKNIK PEMBUATAN DAN PRAKTIK LABORATORIUM TPA SYARIAH Sabiyan Yudhistira Hekmatiar; M. Sudirman; Erny Kencanawaty
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2940

Abstract

The development of Islamic substantive law in Indonesia—encompassing waqf (endowment), wills, grants (hibah), and sharia financing—demands legally valid documents with evidentiary force. However, the drafting techniques of sharia deeds are regulated across various statutory instruments, raising questions regarding their validity and position within the national legal system. This study aims to analyze the drafting techniques of sharia deeds under statutory regulations, examine their validity and evidentiary force, and explore the practice of the Sharia TPA Laboratory as a means of mastering deed-drafting skills. This research employs normative legal methods with statutory and conceptual approaches. Primary legal materials—including the Notary Office Law, the Compilation of Islamic Law, the Waqf Law, and related regulations—are analyzed qualitatively through grammatical and systematic interpretation. This study affirms that the validity of sharia deeds is determined by the fulfillment of formal and material requirements under statutory regulations, while their evidentiary force depends on the authority of the drafting official. The Sharia TPA Laboratory plays a strategic role in bridging theory and practice through deed-drafting simulations.
PERLINDUNGAN HUKUM TERHADAP KERAHASIAAN DATA PRIBADI NASABAH DALAM PENYELENGGARAAN SISTEM ELEKTRONIK DI SEKTOR JASA KEUANGAN Alfrets Florentino Supit; Maryano Maryano; Gatut Hendro Triwidodo
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2944

Abstract

In its efforts to protect personal data, the government has established various legal instruments governing personal data protection, the operation of electronic systems, and the governance of the financial services sector, as embodied in Law Number 27 of 2022 concerning Personal Data Protection. Furthermore, as Electronic System Providers, business entities in the financial services sector are obligated to comply with requirements regarding the reliability, security, and protection of electronic systems, as stipulated in Government Regulation Number 71 of 2019 concerning the Operation of Electronic Systems and Transactions. Nevertheless, the existing regulations require further analysis to determine whether they provide adequate legal protection for the personal data of customers held by Electronic System Providers in the financial services sector. The research addresses the following issues: the legal framework governing customer personal data protection within electronic systems in Indonesia's financial services sector, and the legal protection of the confidentiality of customer personal data disclosed to third parties during the operation of such electronic systems. The study employs the theories of legal protection and privacy. The research method used is a normative juridical legal approach which is strengthened by interviews. This research uses a statutory research approach, a case approach, an analytical approach and a conceptual approach, which in principle comes from primary legal materials consisting of laws and case studies, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. Legal material analysis techniques use grammatical interpretation techniques. The research findings indicate that the legal regulations governing the protection of customer personal data within electronic systems in Indonesia's financial services sector have essentially established a framework that limits the collection, storage, use, and transfer of personal data to third parties; furthermore, legal protection for the confidentiality of customer data transferred to third parties is provided through both preventive and repressive instruments. The study recommends strengthening the regulation and supervision of the transfer and processing of customer personal data by third parties—involving the Financial Services Authority and financial service institutions—and enhancing repressive protection for customers through more effective mechanisms for complaints, dispute resolution, and loss recovery.

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