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Analisis Efektivitas Kebijakan Penenggelaman Kapal terhadap Aktivitas Illegal, Unreported, and Unregulated (IUU) Fishing di Indonesia Periode 2014-2019 Nur'aini, Fitri; Mulyanie, Erni
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Indonesia, as an archipelagic state with vast marine areas, possesses significant fisheries resources but also faces serious challenges related to Illegal, Unreported, and Unregulated (IUU) fishing. Illegal fishing activities conducted by both domestic and foreign vessels threaten the sustainability of marine resources and cause substantial economic losses for the country and local fishers. To address this issue, the Indonesian government implemented a policy of sinking vessels involved in illegal fishing during the 2014–2019 period. This study aims to analyze the effectiveness of the ship-sinking policy in reducing the dynamics of IUU fishing activities in Indonesian waters. The research employs a qualitative approach using a library research method based on various secondary sources, including official government reports, publications from international organizations, and scientific journal articles. Data were analyzed using descriptive qualitative techniques to identify trends in illegal fishing activities, the intensity of enforcement actions, and indications of deterrence effects resulting from the policy. The findings indicate that the ship-sinking policy contributed to reducing the activities of foreign illegal fishing vessels and strengthening law enforcement in the fisheries sector. Furthermore, the policy also has broader implications for improving national fisheries governance through the protection of local fishers, reduction of pressure on fishery resources, and strengthening of surveillance systems in Indonesian waters.

Persengkongkolan Perolehan Informasi Kegiatan Usaha dalam Hukum Persaingan Usaha Rafi, Al Misky Muhammad; Tejomurti, Kukuh
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Fair business competition is an important element in creating an efficient and equitable economic system. In modern business practices, competitive advantage is not only determined by production capacity or innovation but also by control over strategic information related to competitors’ business activities. Problems arise when such information is obtained through collusion with other parties, which may lead to unfair business competition. This study aims to analyze the fulfillment of the elements of collusion in obtaining business activity information and its legal implications under Indonesian competition law. This research uses normative legal research with statutory and conceptual approaches. The results show that such conduct may be classified as a violation if it fulfills the elements of business actors, collusion, the acquisition of competitors’ business information, and the potential to cause unfair business competition as stipulated in Article 23 of Law Number 5 of 1999.

Pertimbangan Hakim Mengenai Kekuatan Mengikat Akta Pembagian Harta Bersama Berdasarkan Keadilan Distributif Aristoteles Pradita, Mahkota Fadia Bella; Nugraheni, Anjar Sri Ciptorukmi
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study aims to analyze the judge’s legal considerations regarding the binding force of the deed of division of joint assets in Decision Number 38/Pdt.G/2020/PN Smn viewed from the perspective of Aristotle’s distributive justice. This study uses prescriptive and applied normative legal methods, with a statutory and conceptual approach. Data collection through literature studies. Types of legal materials include primary and secondary legal materials. Deductive analysis techniques and legal syllogism methods. The results of the study show that the legal considerations of the Panel of Judges are in line with applicable positive law, namely: (1) determination of the object of the dispute as joint assets based on Article 35 paragraph (1) of Law No. 1 of 1974; (2) recognition of the Deed of Statement of Division of Gono Gini Assets Number 41 as a legal instrument of choice for the parties after the divorce in accordance with Article 37 of Law No. 1 of 1974; (3) determination of the deed as authentic evidence with perfect evidentiary force referring to Article 1868 and Article 1870 of the Civil Code. The consistency of these considerations was affirmed up to the cassation level through the ne bis in idem decision. Overall, Decision Number 38/Pdt.G/2020/PN Smn has reflected the principle of justice through a combination of procedural justice and Aristotelian distributive justice. Procedural justice is realized through adherence to the principles of pacta sunt servanda and good faith as per Article 1338 of the Civil Code. Distributively, the decision provides proportional economic protection for children as vulnerable parties and recognizes the wife’s immaterial contribution. The judge also upheld corrective justice by rejecting the Plaintiff’s breach of contract to ensure the best interests of the children.

Penjualan Bayi oleh Ibu Kandung dalam Perspektif Hukum Pidana Triana, Ramadhani; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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The sale of babies by biological mothers is a form of human trafficking that violates the law, humanitarian values, and children's rights. This phenomenon demonstrates a shift in the family's role from protector to exploiter of children. This study aims to analyze the legal regulations regarding baby selling from the perspective of human trafficking and the forms of criminal liability imposed on biological mothers as perpetrators. The research method used is normative legal research with a statutory and case-based approach. Primary and secondary legal materials were analyzed qualitatively and normatively. The results indicate that the act of baby selling fulfills the elements of a crime as stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and Law Number 35 of 2014 concerning Child Protection. In Decision Number 328/Pid.Sus/2023/PN Pal, the judge applied the idealist concursus theory because a single act violates more than one criminal provision. The biological mother, as the perpetrator, can be held criminally responsible if she meets the elements of capacity to take responsibility and culpability. Strict law enforcement and preventive measures are needed to prevent the recurrence of similar crimes.

Analisis Hukum Predatory Pricing pada Penjualan Kendaraan Listrik di Bawah Nilai Jual Kendaraan Bermotor Nur Rifqi, Muhammad Raikhan; Tejomurti, Kukuh
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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The automotive industry plays a strategic role in the national economy and reflects increasingly complex competition, particularly in the Battery Electric Vehicle (BEV) market characterized by competitive pricing strategies. One emerging phenomenon is the sale of BEVs at on-the-road (OTR) prices below the Motor Vehicle Sales Value (NJKB), which potentially indicates predatory pricing from a competition law perspective. This study aims to analyze such practices and assess whether they may be classified as predatory pricing under Law Number 5 of 1999, as well as to examine the corresponding preventive legal mechanisms. This research employs a normative legal method using a statutory approach and deductive analysis through legal syllogism based on primary and secondary legal materials. The findings show that BEV sales below NJKB cannot automatically be categorized as predatory pricing, as NJKB represents an administrative fiscal value rather than production cost. Price discrepancies serve only as preliminary indicators requiring further economic analysis. Therefore, NJKB may function as an early warning system in detecting potentially unfair pricing practices.

Keabsahan Clickwrap Agreement dalam Perspektif Asas Kebebasan Berkontrak di Indonesia Santoso, Steven Surya; Suraji, Suraji
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Advances in information technology have driven the use of electronic contracts, one of which is the clickwrap agreement, which is widely used in modern digital transactions. However, this form of agreement raises legal issues regarding its validity and the application of the principle of freedom of contract, particularly due to its inherently one-sided nature and limited room for negotiation. This study aims to analyze the validity of clickwrap agreements from the perspective of the principle of freedom of contract and to examine the challenges and implications within Indonesian contract law. The research method employed is normative legal research using a legislative and conceptual approach. Legal materials were collected through literature review and analyzed using the syllogistic method with deductive reasoning. The results of the study indicate that clickwrap agreements are valid and meet the requirements for a valid contract under Article 1320 of the Civil Code. However, the application of the principle of freedom of contract has not been optimal due to the lack of room for negotiation for users. The challenges that arise include an imbalance of power between the parties, a lack of user understanding of the contract’s contents, the potential for clauses that are detrimental to users, and regulatory ambiguity. The implications of these conditions relate to legal certainty, the status of the parties, consumer protection, law enforcement, and the development of contract law.

Keabsahan Clickwrap Agreement dalam Perspektif Asas Kebebasan Berkontrak di Indonesia Santoso, Steven Surya; Suraji, Suraji
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Advances in information technology have driven the use of electronic contracts, one of which is the clickwrap agreement, which is widely used in modern digital transactions. However, this form of agreement raises legal issues regarding its validity and the application of the principle of freedom of contract, particularly due to its inherently one-sided nature and limited room for negotiation. This study aims to analyze the validity of clickwrap agreements from the perspective of the principle of freedom of contract and to examine the challenges and implications within Indonesian contract law. The research method employed is normative legal research using a legislative and conceptual approach. Legal materials were collected through literature review and analyzed using the syllogistic method with deductive reasoning. The results of the study indicate that clickwrap agreements are valid and meet the requirements for a valid contract under Article 1320 of the Civil Code. However, the application of the principle of freedom of contract has not been optimal due to the lack of room for negotiation for users. The challenges that arise include an imbalance of power between the parties, a lack of user understanding of the contract’s contents, the potential for clauses that are detrimental to users, and regulatory ambiguity. The implications of these conditions relate to legal certainty, the status of the parties, consumer protection, law enforcement, and the development of contract law.

Penerapan Concursus Realis dalam Tindak Pidana Pembunuhan Berencana dan Pemerkosaan Anak Meliala, Farah Nabila Zahran; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study aims to analyze the application of concursus realis in cases of premeditated murder accompanied by child rape, as well as to examine the sentencing in such circumstances. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that in judicial practice, concursus realis is applied when multiple independent criminal acts are committed by the same perpetrator within a single series of events. Normatively, Article 65 of the Indonesian Criminal Code stipulates that the sentence shall be based on the most severe punishment increased by one-third. However, in practice, judges do not always apply this mathematical calculation and may impose life imprisonment or even the death penalty by considering the severity of the crime, its impact, and aggravating circumstances. This discrepancy between normative provisions and judicial practice may lead to legal uncertainty. Therefore, stronger juridical reasoning is required in judicial considerations to ensure consistency and transparency in sentencing within the framework of concursus realis.

Penerapan Concursus Realis dalam Tindak Pidana Pembunuhan Berencana dan Pemerkosaan Anak Meliala, Farah Nabila Zahran; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study aims to analyze the application of concursus realis in cases of premeditated murder accompanied by child rape, as well as to examine the sentencing in such circumstances. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that in judicial practice, concursus realis is applied when multiple independent criminal acts are committed by the same perpetrator within a single series of events. Normatively, Article 65 of the Indonesian Criminal Code stipulates that the sentence shall be based on the most severe punishment increased by one-third. However, in practice, judges do not always apply this mathematical calculation and may impose life imprisonment or even the death penalty by considering the severity of the crime, its impact, and aggravating circumstances. This discrepancy between normative provisions and judicial practice may lead to legal uncertainty. Therefore, stronger juridical reasoning is required in judicial considerations to ensure consistency and transparency in sentencing within the framework of concursus realis.

Pertimbangan Hakim dalam Putusan Pembatalan Perkawinan Akibat Paksaan (Studi Putusan Nomor 1332/Pdt.G/2024/PA.Klt) Ilfi, Zita Melissa; Sukma, Dara Pustika; Hastuti , Luthfiyah Trini
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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This study analyzes aims to determine the legal basis and considerations of the judge in the case of annulment of marriage based on Decision Number 1332/Pdt.G/2024/PA.Klt as well as the regulations regarding the proof of the element of coercion which is the basis for annulment of marriage. This article is a normative legal research conducted by reviewing various legal regulations in the form of laws, regulations, and literature containing theoretical concepts then connected to the problems to be discussed. The approach of this article uses a case study approach (case approach) and a conceptual approach (conceptual approach) based on the Klaten Court Decision Number 1332/Pdt.G/2024/PA.Klt which has permanent legal force. Based on the research results, it was found that the Judge's consideration in the decision to annul a marriage due to coercion refers to Article 6 paragraph (1) of Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019 and Article 71 letter f of the Compilation of Islamic Law where a marriage can be annulled if the marriage is carried out with an element of coercion and without the consent of both prospective bride and groom. In addition, the Panel of Judges assessed that the Plaintiff's witness statement did not meet the material requirements of evidence because it was only in the form of testimonium de auditu in accordance with Article 171 HIR and Article 1907 of the Civil Code so that it did not have the power of proof, the judge ex officio ordered the Plaintiff to take a suppletoir oath which was deemed to meet the formal and material requirements and was related to the main point of the main point of the case.

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Contact Name
Gunawan

Contact Email
gunawan@unram.ac.id

Phone
+6281703766888

Journal Mail Official
ijssh.ipc@gmail.com

Editorial Address
Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Gunawan

Contact Email gunawan@unram.ac.id

Phone +6281703766888

Journal Mail Official ijssh.ipc@gmail.com

Editorial Address Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Gunawan

Contact Email
gunawan@unram.ac.id

Phone
+6281703766888

Journal Mail Official
ijssh.ipc@gmail.com

Editorial Address
Green Pagutan Blok E No. 6 Mataram, Nusa Tenggara Barat.

Location
Kota mataram,

Nusa tenggara barat

INDONESIA