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INDONESIA
Legal Note
Published by Lembaga Penelitian dan Pendidikan (LPP) Kalibra
ISSN : -     EISSN : 31102344     DOI : https://doi.org/10.70716/legalnote
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legal Note (LEGALNOTE) is a national scientific journal of Law. A double-blind, peer-reviewed, open-access journal published by Lembaga Penelitian dan Pendidikan (LPP) Kalibra, with registered number of e-ISSN: 3110-2344. LEGALNOTE publishes scholarly articles and research related to legal studies, socio-legal analysis, and public policy implications. It aims to provide a platform for academics, researchers, and practitioners to disseminate knowledge and engage in critical discussions on contemporary legal issues within Indonesia and global perspective. The journal welcomes interdisciplinary approaches, particularly those integrating legal theory with sociological, criminological, and cultural perspectives such as islamic family law, sharia economic law, and business law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Peran Advokat dalam Mewujudkan Akses Keadilan bagi Masyarakat Miskin Fahrurrozi Fahrurrozi; Rusmadi Rusmadi
Legal Note Vol. 1 No. 1: Legal Note, July 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

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Abstract

The role of advocates in the legal system is not limited to serving as legal counsel in court proceedings; they also act as a vital bridge in realizing access to justice for all segments of society, including the poor, who often face significant obstacles in obtaining legal protection. The poor frequently encounter structural, financial, and informational barriers that prevent them from accessing justice equally. In this context, advocates carry both a moral and professional responsibility to provide legal assistance—whether through litigation or non-litigation—on a pro bono basis as a form of service to social justice. Through their involvement in legal aid institutions, legal education programs, and policy advocacy, advocates play a crucial role in narrowing the legal gap faced by vulnerable groups. Furthermore, the existence of regulations such as Law No. 16 of 2011 on Legal Aid provides a legal foundation that reinforces the obligation and legitimacy of advocates in assisting the poor. This study highlights how the active involvement of advocates can strengthen the principles of the rule of law and democracy, and promote the establishment of a more just and inclusive legal order. Using a juridical-sociological approach, this paper also identifies the challenges and strategies that can be undertaken to enhance the role of advocates in expanding the reach of legal aid and empowering the poor to fight for their rights before the law.  
Peran Hukum Adat dalam Penyelesaian Sengketa Tanah di Masyarakat Desa Sesela Maulana Ibrahim; Anggara Kusuma; Ma’rifatullah Ma’rifatullah
Legal Note Vol. 1 No. 1: Legal Note, July 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

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Abstract

Sesela Village is one of the areas that still upholds local wisdom values and customary legal institutions in the community’s social life. Land disputes in this region are generally resolved through customary mechanisms before resorting to the formal state legal system. This study employs a qualitative approach using a case study method, through in-depth interviews, observation, and documentation involving customary leaders, village officials, and community members involved in the dispute resolution process. The findings indicate that customary law plays a significant role as a means of resolving agrarian conflicts in a preventive and solution-oriented manner. The presence of customary figures, such as traditional elders and religious leaders, functions as trusted mediators for the disputing parties. The customary land dispute resolution mechanism emphasizes not only aspects of positive law but also upholds values of deliberation, peace, and social balance. However, there are challenges in harmonizing customary law with national law, particularly regarding the formal legal recognition of customary settlements. This study recommends strengthening the synergy between village governments, customary institutions, and state legal bodies to create a fair and sustainable land dispute resolution system.  
Perbandingan Hukum Waris Islam dan Hukum Waris Perdata di Indonesia Ilmayati Ilmayati; Sukaesih Sukaesih; Jannatunnaim Jannatunnaim
Legal Note Vol. 1 No. 1: Legal Note, July 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

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Abstract

Inheritance Law is an integral part of the legal system that governs the transfer of a person's assets after death to their heirs. In Indonesia, there are two dominant systems of inheritance law: Islamic Inheritance Law and Civil Inheritance Law (Burgelijk Wetboek). These two systems differ in terms of their philosophical foundations, norms, and methods of distribution. Islamic Inheritance Law is rooted in Sharia, based on the Qur’an, Hadith, Ijma', and Qiyas, emphasizing principles of distributive justice, social responsibility, and family blessings. On the other hand, Civil Inheritance Law is derived from the continental European legal system, upholding the principle of testamentary freedom and the prioritization of equal rights among heirs. A comparison between the two reveals significant differences in the structure of heirs, the size of inheritance portions, and the possibility of making a will. For instance, in Islamic Inheritance Law, the inheritance rights of men and women differ due to considerations of financial responsibility, while in Civil Law, inheritance distribution is more egalitarian, without gender distinction. This study employs a normative-comparative approach by examining laws, legal codes, and religious fatwas as the basis for comparison. The objective of this research is to understand how both systems are implemented within Indonesia’s multicultural society and to analyze their legal implications for inheritance justice. The findings indicate that these differing systems often lead to conflicts, especially in families with members of diverse legal or religious backgrounds. Therefore, it is crucial for policymakers and legal practitioners to promote harmonization and provide legal clarity that ensures certainty and justice for all parties in inheritance matters.
Perlindungan Hukum bagi Anak sebagai Korban Kekerasan dalam Rumah Tangga Amrullah Amrullah; Fauziah Fauziah; Muhammad Sadri
Legal Note Vol. 1 No. 1: Legal Note, July 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

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Abstract

Children are individuals who are still in the stages of physical and mental development, and therefore require special protection, especially when they become victims of domestic violence (DV). Violence against children within the family can occur in the form of physical, psychological, sexual abuse, or neglect. Legal protection is crucial to guarantee children's rights and to prevent long-term adverse effects on their growth and development. In the context of national law, child protection is regulated by various legislations such as Law No. 23 of 2002 on Child Protection and Law No. 23 of 2004 on the Elimination of Domestic Violence. Furthermore, Indonesia has ratified the Convention on the Rights of the Child as a commitment to the global protection of children's rights. This study employs a normative juridical approach by examining relevant legal regulations and literature. The main focus of this study is to identify the forms of legal protection provided to children as victims of domestic violence and to evaluate the effectiveness of its implementation in practice. The results of the study show that, normatively, legislation has provided a strong legal foundation for child protection. However, its implementation in the field still faces various challenges. For instance, law enforcement officers do not fully understand the principle of the best interest of the child, rehabilitation and counseling services remain limited, and the persistence of patriarchal culture causes victims to be reluctant to report. Therefore, strong synergy is needed between the government, child protection institutions, law enforcement, and the community in an effort to provide comprehensive and effective legal protection. It is also necessary to enhance the capacity of human resources in protection agencies, provide child-friendly facilities, and conduct legal education and public awareness campaigns. With a comprehensive approach, it is expected that children who are victims of domestic violence will receive protection, recovery, and justice in accordance with their constitutional rights and universal humanitarian values.
Tinjauan Yuridis Terhadap Kejahatan Siber dan Perlindungan Data Pribadi David Tendean; William Susanto
Legal Note Vol. 1 No. 1: Legal Note, July 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

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Abstract

The rapid development of information and communication technology has had a significant impact on global society, including in Indonesia. Behind the benefits it offers, this digital transformation also presents serious risks in the form of cybercrime, one of which is the violation of personal data. Crimes such as identity theft, account hacking, and the unauthorized dissemination of personal information have become increasingly prevalent threats. This indicates that the protection of personal data is becoming more crucial, both from technical and legal perspectives. This study aims to normatively examine the forms of cybercrime related to personal data breaches and the effectiveness of existing regulations in providing legal protection. The research is conducted using a normative juridical approach by analyzing relevant legislation, such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The analysis shows that although there is a legal basis in place, its implementation still faces several challenges, including weak law enforcement, inadequate digital infrastructure, and low public awareness regarding the importance of protecting data privacy. Considering the complexity of the issues and the highly dynamic technological developments, this study recommends the need for the refinement of national legal policies to be more adaptive and progressive. Synergy among institutions, strengthening the capacity of law enforcement in digital forensics, and increasing public digital literacy are strategic steps toward building a robust and equitable personal data protection system. Only through a comprehensive and responsive legal approach that keeps pace with the times can the security of personal data in the digital realm be effectively ensured.
Kedaulatan Siber: Tantangan dan Implikasi terhadap Hukum Internasional Modern Indra Duari; Muhammad Saiful; Heri Pratama
Legal Note Vol. 1 No. 2: Legal Note, October 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v1i2.100

Abstract

The rapid development of information and communication technology has created a new dimension in the global order—cyberspace, which has become a strategic arena in international relations. This phenomenon raises fundamental questions regarding the concept of state sovereignty in cyberspace and how international law governs it. This study aims to analyze the principles of sovereignty within the cyber context and their implications for modern international legal frameworks. The research employs a normative approach by examining various international legal instruments such as the UN Charter, the Tallinn Manual 2.0, and conventions related to cybersecurity. The findings reveal that cyber sovereignty is not explicitly regulated in existing international legal instruments; however, the fundamental principles of state sovereignty remain applicable in this domain. Actions such as cyberattacks between states may be categorized as violations of sovereignty or even acts of aggression if they threaten a nation’s security. Moreover, there is an ongoing tension between national security interests and the principle of freedom of expression as recognized in international law. This study concludes that there is an urgent need for the establishment of more specific international legal norms to govern cyber activities, in order to prevent inter-state conflicts and ensure that the fundamental principles of international law are upheld in the digital era. The creation of a global legal framework for fair, inclusive, and transparent cyber governance is essential to promote stability and justice in modern international relations.
Peranan Kepolisian dalam Penegakan Hukum Terhadap Tindak Pidana Kekerasan dalam Rumah Tangga (KDRT) Nirmala Wibawanti; Asep Sudrajat; Rika Oktaviani
Legal Note Vol. 1 No. 2: Legal Note, October 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v1i2.101

Abstract

The rapid development of information technology has transformed trading patterns from conventional systems into digital platforms through e-commerce. This phenomenon provides convenience for society in conducting buying and selling activities, yet it also raises various legal issues related to consumer protection. This study aims to analyze the forms of legal protection for consumers in online transactions in Indonesia and to identify the obstacles in its implementation. The research method used is a normative juridical approach by examining relevant regulations such as Law No. 8 of 1999 on Consumer Protection and Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). The results of the study show that, normatively, consumer protection is clearly regulated through existing legislation; however, its implementation still faces several obstacles, such as weak supervision of online business actors, low consumer legal awareness, and limited enforcement mechanisms. Efforts to enhance consumer protection can be carried out through strengthening supervisory institutions, increasing consumer education, and improving collaboration among the government, business actors, and the community to create a safe and fair digital ecosystem. Therefore, the presence of law is expected to serve as a regulatory instrument that adapts to technological developments while ensuring safety and justice for consumers in the increasingly complex era of economic digitalization.
Perbandingan Sistem Pemidanaan antara Hukum Islam dan Hukum Positif Indonesia dalam Penanganan Tindak Pidana Pencurian Samsul Bahri; Anggara Sasmita; Haryadi Hamzah
Legal Note Vol. 1 No. 2: Legal Note, October 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v1i2.102

Abstract

This study aims to analyze the comparative sentencing systems between Islamic law and Indonesian positive law in addressing theft crimes. In Islamic law, theft (sariqah) is considered a serious violation of individual property rights and social order, punishable by hand amputation if certain conditions are met. Meanwhile, under Indonesian positive law, theft is regulated in the Criminal Code (KUHP) and punishable by imprisonment, taking into account elements such as intent, culpability, and the circumstances of the offender. This research employs a normative juridical approach with a comparative method to examine the philosophical foundations, principles of justice, and purposes of punishment within both legal frameworks. The findings reveal that Islamic law emphasizes prevention and deterrence through firm but just punishment grounded in faith and moral responsibility. In contrast, Indonesian positive law focuses on rehabilitation and the protection of human rights, guided by humanitarian principles and social justice. Although both systems differ in their implementation and philosophical underpinnings, they share a common objective: to maintain social order, protect property rights, and uphold justice. These insights are expected to contribute to the development of a national legal system that harmonizes moral, ethical, and humanitarian values.
Perlindungan Hukum Terhadap Konsumen dalam Transaksi Jual Beli Online di Era Digitalisasi Ekonomi Naila Nirmala; Desi Rosita; Putri Fatima
Legal Note Vol. 1 No. 2: Legal Note, October 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v1i2.103

Abstract

The rapid development of information technology has transformed trading patterns from conventional systems into digital platforms through e-commerce. This phenomenon provides convenience for society in conducting buying and selling activities, yet it also raises various legal issues related to consumer protection. This study aims to analyze the forms of legal protection for consumers in online transactions in Indonesia and to identify the obstacles in its implementation. The research method used is a normative juridical approach by examining relevant regulations such as Law No. 8 of 1999 on Consumer Protection and Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). The results of the study show that, normatively, consumer protection is clearly regulated through existing legislation; however, its implementation still faces several obstacles, such as weak supervision of online business actors, low consumer legal awareness, and limited enforcement mechanisms. Efforts to enhance consumer protection can be carried out through strengthening supervisory institutions, increasing consumer education, and improving collaboration among the government, business actors, and the community to create a safe and fair digital ecosystem. Therefore, the presence of law is expected to serve as a regulatory instrument that adapts to technological developments while ensuring safety and justice for consumers in the increasingly complex era of economic digitalization.
Analisis Yuridis Terhadap Sengketa Tanah Adat dalam Perspektif Hukum Agraria Nasional Uwais Umar; Toriqul Hadi; Ahmad Hanafi
Legal Note Vol. 1 No. 2: Legal Note, October 2025
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v1i2.107

Abstract

Customary land disputes are a legal phenomenon that frequently occurs in various regions of Indonesia and pose a serious challenge to the enforcement of national agrarian law. These conflicts typically arise due to overlaps between land ownership based on customary law and the recognition of land rights under positive law. This study aims to juridically analyze the root causes of customary land disputes and the efforts to resolve them within the framework of national agrarian law. The research method used is a normative juridical approach by examining the Basic Agrarian Law (UUPA), its implementing regulations, and relevant court decisions. The results of the study indicate that the weak harmonization between the customary legal system and the national legal system often leads to legal uncertainty for indigenous communities. Although the UUPA has recognized the existence of communal (ulayat) rights, its implementation in practice remains suboptimal due to the lack of technical regulations and the indecisiveness of law enforcement officials. Therefore, a more inclusive land policy reform and the strengthening of agrarian legal institutions are necessary to ensure fair protection and legal certainty for indigenous peoples.

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