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Articles 21 Documents
 1   2   3 
Strengthening Intellectual Property Rights: Legal Responses to Trademark Counterfeiting in Indonesia’s E-Commerce Era
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i1.1503

Abstract

This research examines legal protection against the unauthorized use of counterfeit trademarks in Indonesia under Constitution Number 20 of 2016 concerning Brands and Geographical Indications (MIG Law). The study addresses significant challenges arising from the circulation of counterfeit goods, which causes economic losses of up to Rp 291 trillion, tax revenue losses, and employment disruptions. With the rise of e-commerce and digital platforms, counterfeiters exploit technological advancements to distribute fake products widely, complicating enforcement efforts. The research objectives include analyzing the comprehensive legal framework for trademark protection, evaluating enforcement mechanisms, and identifying effective dispute resolution routes. The study employs a qualitative approach, reviewing relevant legislation, enforcement data, and stakeholder perspectives. Key findings reveal that while the MIG Law provides a strong statutory basis, enforcement remains constrained by procedural requirements such as the necessity of owner complaints to trigger criminal proceedings. Non-litigation alternatives like mediation and arbitration offer viable dispute resolution but depend on effective implementation. Criminal enforcement is notably more effective in securing counterfeit goods than civil litigation. The study recommends legal reforms to empower authorities for proactive actions without owner complaints and the enhancement of human resource capabilities, including IP investigator training and mediator certification. In conclusion, strengthening both legal provisions and institutional capacity is essential for robust protection of registered trademarks against counterfeiting in Indonesia’s evolving digital economy.
Restorative Justice and Social Reintegration of Juvenile Sexual Offenders: A Case Study of the Surakarta Juvenile Probation Office (BAPAS)
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i1.1504

Abstract

This study examines the legal and rehabilitative framework for juvenile sexual offenders in Surakarta, Indonesia, focusing on the role of the Balai Pemasyarakatan (BAPAS) under Law No. 11 of 2012 on the Juvenile Criminal Justice System. Despite intact family structures, many juveniles engage in rape due to inadequate parental supervision, restricted sexual education, and unmonitored exposure to digital pornography. The research objectives are to identify the underlying socio-psychological factors driving juvenile sexual offenses, evaluate current rehabilitation and restorative justice practices, and propose enhanced legal and social interventions to prevent recidivism. Employing a qualitative empirical approach, data were collected through in-depth interviews with community guidance officers at BAPAS Surakarta and supplemented by a comprehensive literature review of criminal and social control theories. Findings reveal that deficits in emotional regulation, impulse control, and moral comprehension exacerbated by early and unsupervised access to pornographic content constitute primary drivers of deviant sexual behavior among adolescents. Restorative justice measures, including diversion, community-based supervision, and trauma-informed counseling, demonstrate significant promise in reducing stigma and recidivism while fostering offender accountability and social reintegration. However, the effectiveness of these measures is often undermined by limited resources, insufficient coordination among stakeholders, and the absence of structured parental involvement programs. The study concludes by recommending the integration of mandatory healthy-sexuality curricula in schools, strengthened oversight protocols for digital media usage, and capacity building for BAPAS personnel to deliver holistic rehabilitation services. These reforms aim to align Indonesian juvenile justice practices with international child-rights standards and enhance long-term behavioral outcomes for young offenders.
Childfree Marriages in Islamic Perspective: A Maqāṣid al-Sharīʿah Analysis of Spousal Choice and Reproductive Intentions
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i1.1507

Abstract

The contemporary rise of intentional childfree unions has sparked scholarly debate on the compatibility of spouse-driven reproductive decisions with Islamic legal objectives. This study examines the phenomenon of childfree marriage through the theoretical lens of Maqāṣid al-Sharīʿah as articulated by al-Ṣāṭibī, focusing on the protection of progeny (ḥifẓ al-nasl) among the five foundational objectives. Employing a qualitative literature review of Indonesian and international sources, this article maps the socio-cultural factors economic considerations, career priorities, health constraints, and ethical concerns that motivate couples to forgo parenthood. It then assesses how these motivations align or conflict with the sharīʿah’s hierarchical categories of necessities (darūriyyāt), needs (ḥājiyyāt), and refinements (taḥsīniyyāt). A critical analysis of classical and contemporary Islamic juridical opinions on contraception, ‘azl (coitus interruptus), and permanent sterilization elucidates the juristic reasoning that permits or prohibits reproductive control measures. The study further explores Fatwa decisions by the Indonesian Ulema Council (MUI) from 1979 to 2012, highlighting shifts in permissibility under exigent circumstances. Findings reveal that while temporary child spacing aligns with secondary objectives (ḥājiyyāt) when safeguarding maternal health, permanent childfree choices conflict with primary objectives (darūriyyāt) unless justified by compelling necessity. The article concludes by proposing a nuanced legal framework that upholds spousal autonomy and welfare while preserving the maqāṣid’s commitment to lineage continuity. Recommendations call for dynamic fiqh responses that balance individual rights with communal interests in sustaining Muslim ummah growth.
Legal Problems in the Enforcement of Final and Binding Judicial Decisions: A Jurisprudential Analysis of the Silfester Matutina Conviction Case from an Indonesian Law Enforcement Perspective
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i1.1512

Abstract

The enforcement of final and binding judicial decisions is essential to uphold legal certainty and the rule of law. However, in Indonesia, significant delays and non-execution of criminal convictions have exposed systemic deficiencies. This study presents a jurisprudential analysis of the Silfester Matutina conviction case where a 1.5-year prison sentence issued by the Supreme Court in 2019 remained unexecuted through August 2025 to examine the legal and institutional factors causing enforcement failure. Employing a normative juridical approach combined with case study methodology, the research integrates doctrinal analysis of statutes, judicial decisions, and prosecutorial regulations with theoretical frameworks from Legal Positivism, Sociological Jurisprudence, Legal Realism, and Natural Law. Quantitative indicators were applied to assess legal certainty, prosecutorial discretion, public trust impact, and constitutional compliance. Findings reveal a six-year enforcement gap, a 75% decline in legal certainty, and excessive prosecutorial discretion (95% vs. international benchmark of 35%), confirming the abuse of discretionary power and the erosion of institutional legitimacy. Comparative analysis with European best practices highlights the need for specialized enforcement bodies and mandatory execution timelines. The study concludes with policy recommendations for legislative reform, institutional restructuring, and enhanced oversight to restore public trust, ensure timely execution of judgments, and reinforce the deterrent effect of criminal sanctions. Limitations and avenues for future empirical research are also discussed.
Campaign Promises as Political Contracts: Legal Analysis of Public Officials' Accountability in Governance
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i1.1519

Abstract

This article reconceptualizes campaign promises as binding political contracts and examines the accountability of Indonesian public officials within governance structures. Employing a normative–juridical methodology and comparative legal analysis, it reviews constitutional provisions, administrative statutes, and landmark judicial decisions most notably Central Jakarta District Court Decision No. 17/PDT.G/2009/PN.JKT.PST to identify enforcement gaps. The study integrates social contract theory, principal–agent accountability frameworks, and Bovens’ accountability model to develop a hybrid mechanism that combines legislative amendments, enhanced parliamentary oversight, expanded judicial review, and civil society monitoring. Key findings reveal systemic failures in fulfilling electoral commitments, evidenced by high-impact cases in infrastructure prioritization, employment pledges, fiscal management, anti-corruption initiatives, and intellectual property enforcement. Quantitative analysis of a Legal Accountability Impact Score confirms that job creation promise violations and tax policy contradictions represent the most severe accountability deficits. The research demonstrates that Indonesia’s existing constitutional and administrative law foundations can support enforceable political contract mechanisms but require institutional reforms to operationalize them effectively. By aligning electoral commitments with legal obligations, the proposed framework strengthens democratic governance and the rule of law
Gender Mainstreaming dalam Kebijakan Pencegahan Kekerasan Seksual di Transportasi Publik Massal
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1849

Abstract

Gender-based sexual violence in public mass transportation, particularly at the KRL Commuter Line in Jabodetabek, represents a critical human rights violation threatening women's mobility rights and socio-economic participation. This normative-empirical legal research examines implementation gaps between operational sexual violence prevention policies and the holistic protection mandate under Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS). Employing gender mainstreaming framework and Crime Pattern Theory, the study identifies three structural vulnerabilities: insufficient gender-responsive reporting mechanisms, limited effectiveness of situational crime prevention approaches, and absence of explicit sexual violence protection clauses in transportation sector regulations. This research employs doctrinal analysis of regulatory instruments, case law evaluation, and gap analysis methodology. Findings demonstrate that current KAI Commuter strategies, while well-intentioned, remain partial and situational. The study proposes a reconstructed policy model integrating the 3E Framework (Enforcement, Environment, Education) with gender focal point governance mechanisms and mandatory Ministerial Regulation revisions. Effective prevention requires shifting from physical segregation toward cultural transformation and robust accountability systems ensuring equitable mobility rights for women.
Kepastian Hukum Status Terpidana Percobaan dalam Syarat Pencalonan Pilkada Gorontalo Utara 2024
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1851

Abstract

This study examines the 2024 North Gorontalo regional election dispute regarding the eligibility of probationary convicts. Legislative ambiguity caused conflicting interpretations between the KPU, Bawaslu, and the Constitutional Court. Constitutional Court Decision No. 55/PHPU.BUP-XXIII/2025 adopted a progressive stance, ruling that candidates serving probation are ineligible and must be disqualified, necessitating a revote. While this decision upholds democratic integrity and electoral justice, it reveals inconsistencies when compared to precedents like the Rusli Habibie case. The findings demonstrate that legal certainty concerning candidacy requirements remains suboptimal, specifically regarding the political rights of those under judicial supervision. This research argues that regulatory harmonization and reinforcing the Constitutional Court’s authority are vital to ensuring regional elections are consistent, fair, and responsive. Such legal reforms protect essential constitutional rights of voters within the current local democratic process today in Indonesia to guarantee governmental integrity based upon the highest prevailing laws of the Indonesian legal nation.
Analisis Metode Penemuan Hukum Dalam Yurisprudensi Wanprestasi Bukan Tindak Pidana Penipuan
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1897

Abstract

The crime of fraud and breach of contract are two different things. Breach of contract is a civil law matter that occurs due to negligence after an agreement is made and the settlement of the case is carried out civilly. Meanwhile, fraud is included in the realm of criminal law with the main element of deception from the beginning or before the agreement is made and must fulfill two main things, namely mens rea/guilty mind and actus reus/guilty act. However, in practice, sometimes people are reported to the police for breach of contract or breach of promise and end up in prison. This study aims to analyze the legal discovery/legal interpretation techniques used by Judges in creating Jurisprudence Number 4/Yur/Pid/2018. The research method used is normative juridical with a statutory approach, a case approach, and a conceptual approach. The research results show that judges used two methods in creating Jurisprudence Number 4/Yur/Pid/2018. This jurisprudence not only fills the gap in norms but also to prevent the misuse of criminal fraud provisions and ensure that contractual failures are resolved through civil proceedings.
Hak Privasi dan Hak Citra dalam Penggunaan Foto Berbasis Artificial Intelligence (AI)
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1906

Abstract

The development of Artificial Intelligence (AI) has transformed photographs from factual records into digitally manipulable representations that can be widely disseminated, giving rise to new legal issues concerning the use of images without consent. This phenomenon underscores the urgency of strengthening the protection of privacy rights and image rights, as AI-based photo usage may infringe human dignity, personal autonomy, and the right to self-determination. This study aims to analyze the legal construction of AI-based photo usage without consent and its implications for the protection of privacy and image rights within the framework of national law and human rights principles. The research employs a normative juridical method, using statutory, conceptual, and limited comparative approaches. The findings indicate that the existing regulatory framework remains fragmented and does not specifically govern AI-based image manipulation, resulting in legal uncertainty. Accordingly, this study argues for a strengthened legal framework that places consent as a central principle in the lawful use of digital images in the AI era.
Krisis Ekologi dan Mandat Kekhalifahan dalam Hukum Lingkungan Qur’ani
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1920

Abstract

Ecological crisis in Indonesia poses severe threats to environmental sustainability and human survival. This study examines how Qur'anic principles of khalifah (stewardship), mizan (equilibrium), fasad (corruption/destruction), and amanah (trustworthiness) provide comprehensive ethical frameworks for environmental protection in Islamic law. Through qualitative textual analysis integrating Qur'anic exegesis with contemporary environmental jurisprudence (fiqh al-bi'ah), the research investigates the applicability of Islamic environmental law to Indonesia's ecological challenges, particularly the 2025 Sumatra floods resulting from long-term deforestation. The study analyzes maqasid al-Shariah's principle of environmental preservation (hifz al-bi'ah) and demonstrates how Islamic environmental law can be integrated with Indonesia's positive environmental law system. While the Indonesian Ulema Council's green fatwas provide moral and normative frameworks, implementation faces challenges due to legal dualism and weak institutional enforcement. The research concludes that effective environmental protection requires systematic integration of Islamic environmental principles with state legal mechanisms, complemented by community-based approaches emphasizing spiritual values and moral responsibility toward nature as manifestation of obedience to God.

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