Deposisi: Jurnal Publikasi Ilmu Hukum
Deposisi: Jurnal Publikasi Ilmu Hukum dengan e-ISSN : 2987-4211 p-ISSN : 2987-5188 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Maret, Juni, September dan Desember).
Articles
258 Documents
<![CDATA[Analisis Yuridis terhadap Penggunaan Deepfake dalam Pelanggaran UU ITE: Studi Kasus di Media Sosial Indonesia ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5080
<![CDATA[The advancement of information and communication technology in the era of the Industrial Revolution 4.0 has given rise to various digital innovations, one of which is deepfake technology that utilizes artificial intelligence and machine learning to manipulate audio-visual content convincingly. Although it has positive potentials in entertainment and education, the misuse of deepfake on social media has caused various legal and ethical issues, such as the spread of hoaxes, defamation, privacy violations, and non-consensual pornography. This study aims to analyze the use of deepfake from the perspective of Indonesian law, particularly through Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) and its amendments. Using a qualitative descriptive approach and literature study methods, this research examines the technical aspects of deepfake development, the relevance of ITE Law articles in regulating manipulative content, and the challenges of law enforcement amid low digital literacy in society. The findings show that although there are no explicit provisions concerning deepfake in the ITE Law, several articles can serve as a legal basis to prosecute offenders, albeit with interpretative and technical implementation challenges. Therefore, regulatory updates and improvements in digital literacy are necessary to prevent and effectively handle the misuse of deepfake technology.]]>
<![CDATA[Masyarakat Adat dan Hak Konstitusional Atas Tanah di Era Ibu Kota Baru (IKN) ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5086
<![CDATA[The establishment of Indonesia's new capital city (IKN) in East Kalimantan is a major achievement in the nation's strategic plan. This enormous project poses significant legal issues concerning the constitutional land rights of Indigenous peoples who have been in the region for millennia. This study seeks to analyze the recognition and probable jeopardization of Indigenous communities' constitutional rights within the legal framework of the IKN project. The study employs a normative legal framework and examines regulations, including Law No. 3 of 2022 concerning the Capital City and pertinent Constitutional Court rulings on Indigenous rights, highlighting a disparity between formal legal acknowledgment and actual enforcement. Preliminary findings suggest minimal Indigenous involvement in planning and decision-making processes, coupled with escalating dangers of land confiscation. The study advocates for enhanced constitutional protections and the realization of land rights as a means of restorative justice and acknowledgment of Indigenous identity within the framework of national development.]]>
<![CDATA[Analisis Efektivitas Peraturan Hukum terhadap Tindak Pidana Kekerasan Seksual pada Anak ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5088
<![CDATA[Children are a vulnerable group frequently subjected to sexual violence, whether in the form of physical abuse, psychological harm, or sexual exploitation such as pornography and prostitution. This study aims to analyze the effectiveness of legal regulations in providing protection for children against sexual violence crimes. The research is motivated by the high rate of sexual violence against children in Indonesia and the suboptimal implementation of existing regulations in ensuring justice and safety for victims. The research method used is a normative juridical approach with descriptive-qualitative analysis through the study of national laws, international conventions, and relevant literature. The findings reveal that although Indonesia has enacted regulations such as Law Number 35 of 2014 and ratified the Convention on the Rights of the Child, their implementation still faces challenges including social stigma, insufficient legal support for children, and bureaucratic delays. This study concludes that legal protection for child victims of sexual violence must be strengthened through regulatory reform, institutional capacity building, and synergy between the state, society, and local communities.]]>
<![CDATA[Perlindungan Korban Kekerasan dalam Rumah Tangga (KDRT) dalam Perspektif Viktimologi ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5142
<![CDATA[Domestic Violence (Kekerasan Dalam Rumah Tangga/KDRT) is a complex social phenomenon that requires continuous legal and social attention. In the context of Indonesia, the protection of domestic violence victims has been regulated under Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which affirms that victims are entitled to protection, recovery, and legal assistance. However, the implementation of these protections faces several structural and cultural obstacles, such as social stigma against victims, limited human resources, and the influence of patriarchal culture that legitimizes violence within the household. Using normative legal research methods with statutory and conceptual approaches, this article analyzes the policy framework for the protection of domestic violence victims in Indonesia, as well as the roles of government and non-government institutions in providing such protection. The results of this study show that although the legal protection of domestic violence victims is clearly regulated, its implementation in practice remains suboptimal due to social and structural barriers. Therefore, strong legal policies must be supported by the synergy of law enforcement institutions, social organizations, and community participation to ensure effective and sustainable protection for victims. These findings are expected to contribute to the formulation of future policies that are more responsive to the protection of the rights of domestic violence victims.]]>
<![CDATA[Kajian Viktimologi terhadap Korban Tindak Pidana Pencurian: Studi Kasus Pembobolan Kaca Mobil di Kramatwat, Serang ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5143
<![CDATA[Indonesia has experienced a rising trend in criminal activity, with theft emerging as one of the most prevalent forms. This crime has various modes and targets, ranging from theft of ordinary valuables to theft of high-value items, one of which is theft by breaking into car windows targeting the valuables inside (car burglary). The main focus in law enforcement is often only on the perpetrators, so that victims are often neglected and the rights of victims are often not fulfilled. This study explores the phenomenon from a victimology perspective, focusing on cases of car burglary in Kramatwatu. The research method of this study is an empirical legal method involving secondary data research followed by primary data research or direct field data. Findings indicate that victim negligence, such as leaving valuables in a position that can be seen from the outside, contributes to the occurrence of these crimes. Additionally, the study reveals that several victims' rights remain unfulfilled due to shortcomings in the law enforcement process. This underscores the need for a more victim-centered approach within the criminal justice system.]]>
<![CDATA[Tinjauan Viktimologi terhadap Korban Kekerasan Seksual yang Rentan Hak dan Perlindungan Hukumnya ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5144
<![CDATA[The protection of victims of sexual violence in Indonesia's national legal system is representative of the state's commitment to uphold human dignity, as mandated by the constitution. The constitutional basis for this protection is stated in the 1945 Constitution of the Republic of Indonesia, especially Article 28G paragraph (1), which states that everyone has the right to protection of privacy, honor, dignity, and freedom from treatment that degrades human values. Currently, sexual violence can occur anywhere, especially in the scope of education. The impact of sexual violence causes a lot of harm to its victims, from the impact on the victim's psychology to the physical impact. The purpose of the research is related to the effectiveness of law enforcement or the operation of the law and the background of the law. Whether a legal protection can protect the rights of victims of sexual violence, and provide proper protection that must be obtained for victims of sexual violence. This research uses emprical research methods and a case approach which is used to analyze the handling of cases of “Sexual Violence and Forced Abortion” as a real form of legal application. With the existence of legal protection for victims of sexual violence provided by the state, it does not guarantee victims get the promised justice. Social stigma is one that can exacerbate the suffering of victims, making them isolated and reluctant to seek help. Society often tends to blame the victim, creating an unsupportive and even demeaning environment. Therefore, it is important to address social stigma in the context of sexual violence to impact the well-being of the individual as well as society as a whole.]]>
<![CDATA[Tinjauan Viktimologi terhadap Tindak Pidana Pembunuhan : Studi Kasus Putusan Nomor 448/Pid.B/2023/PN Serang ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5145
<![CDATA[Murder has a major impact on the victim and his family in terms of psychology, social, and economics. Therefore, it is only right that the victim and his family are given protection and equal attention as given to the perpetrator in the judicial process. However, in practice, the criminal justice system is still focused on the perpetrator and the criminalization process while the rights and attention of the victim and his family tend to be sidelined. This study aims to analyze the psychosocial impact on the victim and his family and the extent to which the guarantee and implementation of the protection of the victim's rights related to the case in Decision Number 448/Pid.B/2023/PN Serang. The method used in this study is empirical yuridical based on data obtained directly through interviews. The results of this study indicate that the victim's family from the case in Decision Number 448/Pid.B/2023/PN Serang experienced long-term psychological trauma, social stigma against the victim's partner because of the case's connection to infidelity, and economic difficulties due to the loss of the main source of income. In addition, there is also fear and insecurity about the occurrence of similar crimes in society. During the judicial process, the position of the victim and his/her family is merely an instrument needed to ensnare the perpetrator while their rights such as financial compensation, mental rehabilitation, and legal protection tend to be ignored. A more significant role for the victim as a subject entitled to recovery and legal protection will reflect a just and humane criminal justice system.]]>
<![CDATA[Penyelasaian Permasalahan Hukum Islam Secara Yuridis dan Diplomatis ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5146
<![CDATA[Resolving Islamic legal issues can be done through a legal and diplomatic approach. The legal approach refers to the formal legal system, such as religious courts and religious scholars' fatwas, which prioritize legal certainty based on the sources of Islamic law, namely the Qur'an, Sunnah, Ijma', and Qiyas. Meanwhile, the diplomatic approach emphasizes more on deliberation, mediation, and negotiation in order to achieve a peaceful solution that remains based on the principles of Islamic law. The combination of these two approaches can create a resolution mechanism that is more effective, fair, and in accordance with the needs of the Muslim community. The research method applied in writing this journal is a qualitative research method with a descriptive-analytical approach. This study describes how the resolution of Islamic law is carried out legally and diplomatically and analyzes the effectiveness of each method in practice. Research data were collected through a literature study of Islamic legal sources, religious court regulations, and cases of Islamic legal settlement. The results of the study indicate that the legal approach is more effective in providing legal certainty and protection of individual rights, while the diplomatic approach is more flexible in maintaining social harmony and avoiding prolonged conflict. Therefore, integration between these two approaches is very necessary in resolving Islamic legal issues more comprehensively and fairly.]]>
<![CDATA[Efektivitas Satgas PPKS Perguruan Tinggi dalam Melindungi Korban Kekerasan Seksual : Studi Analisis Satgas PPKS Untirta ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5166
<![CDATA[Sexual violence is a critical issue in Indonesia, especially within the context of higher education. Various studies and statistical data indicate a growing number of cases, including incidents in university settings that often go unreported due to social stigma and lack of support systems. This research aims to evaluate the effectiveness of the Sexual Violence Prevention and Handling Task Force (SATGAS PPKS) at Sultan Ageng Tirtayasa University in providing protection for victims. The method used is empirical juridical, combining primary data through interviews with SATGAS PPKS members and secondary data in the form of laws, academic literature, and official reports. The research adopts a qualitative descriptive analysis technique to assess how far the SATGAS PPKS applies principles of victimology and routine activity theory to support victims and reduce the opportunity for sexual violence in campus environments.]]>
<![CDATA[Analisis Yuridis terhadap Dugaan Pelanggaran Hukum Lingkungan dalam Kasus Pemasangan Pagar Laut di Tangerang dan Implikasinya terhadap Penegakan Hukum Pesisir di Indonesia ]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 2 (2025): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/deposisi.v3i2.5209
<![CDATA[The installation of sea fences in Tangerang has triggered significant environmental law violations, affecting coastal ecosystems and the lives of local communities. This study aims to analyze the legal aspects of these violations and their impacts on coastal law enforcement in Indonesia. Using qualitative descriptive methods, data were collected through observation and in-depth interviews with various stakeholders. The results of the study indicate that the installation of the fences was carried out without permits and environmental impact analysis (AMDAL), and resulted in decreased fish catches and loss of community access to marine space. Weak law enforcement and minimal community participation in decision-making exacerbate these problems. This study contributes to the understanding of the importance of integration policies, legal awareness, and the need for active community participation in coastal resource management. The implications of the research results underline the urgent need to improve collaboration between stakeholders and strengthen law enforcement for environmental sustainability. Suggestions for further research include investigating similar violations in other coastal areas in Indonesia.]]>
