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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 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2: Legal Note, October 2025" : 5 Documents clear
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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