Articles
21 Documents
<![CDATA[Analisis Yuridis Dugaan Kartel Bunga Pinjaman Daring serta Implikasinya Terhadap Perlindungan Konsumen ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i2.1933
<![CDATA[The rapid growth of Information Technology-Based Co-Funding Services (LPBBTI) in Indonesia presents significant regulatory challenges, particularly concerning interest rate determination. This study examines the alleged online lending interest rate cartel involving the Indonesian Joint Funding Fintech Association (AFPI) and its implications for consumer protection. Employing normative juridical research with a statutory approach, this research evaluates AFPI's legal standing in establishing interest rate caps during 2018 and 2021. Findings indicate that under OJK Regulation Number 77 of 2016, AFPI lacked the authority as a Self-Regulatory Organization (SRO) to independently mandate interest rates. Such collective action potentially violates Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition by fulfilling the elements of price-fixing among competitors. The regulatory void prior to OJK Circular Letter Number 19 of 2023 created legal uncertainty detrimental to consumers. Therefore, proactive regulatory intervention remains essential to establish fair economic benefit caps today.]]>
<![CDATA[Perbandingan Antara Suap dan Gratifikasi Terkait Penerapan Pasal 11 dan Pasal 12B UU TIPIKOR ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i2.1935
<![CDATA[This study examines the legal distinction and application between bribery under Article 11 and gratification under Article 12B of the Indonesian Anti-Corruption Law. Utilizing a qualitative method with a statute approach, the research analyzes statutory definitions and Supreme Court jurisprudence. Significant ambiguity exists due to overlapping elements, necessitating a clear differentiation between transactional bribery and gratification. The findings reveal that bribery requires a "meeting of mind" and explicit transactional intent. Conversely, gratification functions as disguised bribery, characterized by the absence of a formal consensus and, in specific cases, the application of a reverse burden of proof. Judicial patterns indicate that Article 12B serves as a preventive tool for latent corruption, while Article 11 acts as a repressive instrument for explicit transactions. Consistency in law enforcement is vital for establishing legal certainty and effectively eradicating corruption within the Indonesian legal system. Analysis underscores the critical importance of judicial consistency for justice.]]>
<![CDATA[Peran Epistemologis Hadis dalam Melengkapi dan Mengkhususkan Ketentuan Ayat-Ayat Hukum Waris Islam ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i2.1971
<![CDATA[This study explores the epistemological role of Prophetic Hadith in interpreting the quantitative inheritance provisions of the Qur’an, specifically Q.S. al-Nisa’ 11–12. Using a normative-analytical qualitative approach through library research, the research demonstrates that despite the detailed nature of Qur’anic verses, Hadith remains an indispensable legal source. It fills normative gaps through mechanisms such as clarifying residual estate distribution, identifying legal impediments, and limiting bequests. The findings reveal that Hadith's authority is derived not only from its chain of transmission but also from its coherence with the Qur'an, juristic consensus, and maqasid al-shari’ah. The article analyzes four primary functions: Bayan al-Tafsil, Takhsis al-’Amm, Taqyid al-Mutlaq, and the integration of specific weak traditions supported by consensus. Ultimately, this study affirms that the integration of the Qur’an and Hadith constitutes a vital epistemological foundation for achieving justice and systematic implementation within Islamic inheritance law. This internal synergy ensures that legal application remains equitable.]]>
<![CDATA[The Politics of the Military’s Dual Function: Practices of Autocratic Legalism in the Revision of the TNI Law ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2100
<![CDATA[Following the 1998 Reformation, the Constitution and Law Number 34 of 2004 explicitly separated military roles from the political sphere to abolish ABRI’s Dual Function. However, this constitutional demarcation is undermined by the Prabowo-Gibran administration's maneuver of appointing an active-duty officer, Major Teddy, as Cabinet Secretary. This juridical-normative research analyzes said phenomenon as a practice of autocratic legalism within the Revision of the TNI Law. The study concludes that this revision is not merely an administrative adjustment, but a legalization strategy to justify military intervention in civil positions previously strictly prohibited. By manipulating legal instruments through closed legislative processes that ignore meaningful public participation, the government unilaterally legitimizes such unconstitutional actions. This statute becomes an autocratic tool to blur civil-military boundaries, weaken the rule of law, and restore military dominance within the civil administration structure. This phenomenon proves law is misused to serve executive power, marking a serious regression in Indonesia's constitutional democratic consolidation.]]>
<![CDATA[Legal Protection for Sexual Violence Victims via Amendments to the (EIT) Law ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2101
<![CDATA[This research analyzes legal protections for digital sexual violence victims in Indonesia following the second amendment of the Electronic Information and Transactions (EIT) Law and the Sexual Violence Crimes Law. Utilizing a juridical-normative approach, the study examines the harmonization between these statutes to mitigate victim recriminalization risks. Findings indicate that while Law 1/2024 refines defamation norms, practical enforcement often lacks gender sensitivity, frequently misapplying EIT provisions over specialized victim rights. Consequently, the research advocates for a victim-centered paradigm shift through two primary mechanisms: the imposition of additional sanctions specifically revoking digital access for perpetrators and the establishment of a Digital Victim Trust Fund based on restorative justice principles. Ultimately, effective protection necessitates synchronized regulations and proactive content moderation by digital platforms. Such reforms ensure that Indonesia’s criminal justice system prioritizes individual human dignity and comprehensive recovery for survivors within the rapidly evolving global digital communication ecosystem by integrating technological and legal mechanisms.]]>
<![CDATA[Adjudication and Enforcement of Spousal Maintenance After Divorce within Indonesian Religious Courts ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2169
<![CDATA[This study examines the determination of wives' post-divorce maintenance rights from the perspective of the Gorontalo District Religious Court, focusing on Case No. 539/Pdt.G/2024/PA.Gtlo. It addresses two core issues: the factors influencing judicial decisions on maintenance awards and the effectiveness of enforcement mechanisms. Employing an empirical juridical methodology with content analysis and basic jurimetrics, the research identifies four primary determinants: husband's financial capacity (60% weighting), marital circumstances, wife's nusyuz status, and actual needs aligned with Gorontalo's Living Wage Standard. Judges apply substantive justice principles under Islamic Law Compilation (KHI) Article 149 and Supreme Court Circular No. 5/2021, setting iddah maintenance at 25-40% of husband's income. However, enforcement effectiveness remains low at 30%, hampered by defendants' lack of seizable assets, limited court staff (two clerks for 1,200 annual cases), and informal compromise culture. The study proposes a tripartite Maintenance Enforcement Task Force, integrated SIPP-PA digital asset database, and community legal literacy programs to achieve 70% compliance per RPJMN 2025-2029 targets, shifting family justice from reactive adjudication to proactive enforcement.]]>
<![CDATA[The Impact of Technological Advancements on Criminal Law Amidst Global Digitalization ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2176
<![CDATA[This study analyzes the transformative impact of global digitalization, specifically Artificial Intelligence and the Metaverse, on criminal law doctrines. Utilizing a normative-juridical approach, it critically examines the United Nations Convention Against Cybercrime 2024 as a pivotal yet controversial instrument affecting state sovereignty and human rights through expanded passive personality jurisdiction. The research highlights the "jurisdictional creep" phenomenon and the complexities of establishing locus delicti in a borderless cyberspace. Contextualizing these global shifts within Indonesia, the analysis reveals significant vulnerabilities in domestic infrastructure, evidenced by recent ransomware attacks, and a regulatory disconnect between current national statutes and international standards. Consequently, this article advocates for a paradigm shift from rigid territorial positivism toward progressive legal enforcement strategies. It concludes that effective digital sovereignty requires harmonizing cross-border evidence mechanisms and strengthening judicial oversight to balance national security with individual privacy rights within an evolving transnational criminal ecosystem.]]>
<![CDATA[Criminal Sanctions and State Loss: A Review of Corruption Sentencing Under the New National Penal Code ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2179
<![CDATA[This research examines the transformation of corruption sentencing under Indonesia’s Law Number 1 of 2023 (National Penal Code) compared to Law Number 31 of 1999. Utilizing a normative-juridical approach, the study analyzes Article 603 of the new code, which significantly reduces the minimum imprisonment from four to two years. Critics argue this undermines the "extraordinary crime" status of corruption. However, this analysis reveals a legislative shift toward proportional justice and economic efficiency. The reduction addresses practical imbalances where judicial costs for small-scale corruption exceed actual state losses. Furthermore, the new code integrates restorative values and asset recovery over purely retributive punishment. Findings indicate that while minimum sanctions decreased, maximum fines increased to target large-scale perpetrators. Ultimately, effectiveness relies on judicial discretion and asset tracing to ensure legal certainty and protection of state finances within Indonesia’s evolving national legal system ensuring justice for all citizens while maintaining strong anti-corruption institutional integrity.]]>
<![CDATA[Evidentiary Ambivalence of Forensic Medical Reports: Analyzing Acquittal Judgments in Assault Cases ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2186
<![CDATA[The acquittal verdict in case Number 454/Pid.B/2024/PN.SBY concerning persecution resulting in death raises fundamental issues regarding the position of the Visum et Repertum (VeR) as valid evidence. This study aims to analyze the reasons behind the VeR being disregarded in the verdict and to examine its juridical and sociological consequences. Using normative juridical methods with statutory and case approaches, this research finds that the judge ignored the VeR without adequate legal reasoning, basing the decision solely on the lack of conviction regarding intent, despite the VeR meeting formal and material requirements and scientifically proving the causal relationship between the defendant's actions and the victim's death. This disregard implies weak legal protection for victims, legal uncertainty, and a dangerous precedent for judicial practice. Sociologically, this verdict injures the public's sense of justice, causes secondary victimization, reduces public trust, and demotivates the forensic medical profession. Systemic policies are needed, including Supreme Court guidelines, strengthening judges' capacity in forensic science, and institutionalized collaboration between institutions.]]>
<![CDATA[Validity of Illegal SIM Card Sales Under Article 1320 Indonesian Civil Code ]]>
<![CDATA[ Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jolil.v1i3.2214
<![CDATA[This study critically examines the validity of illegal SIM card sales agreements under Article 1320 of the Indonesian Civil Code. The proliferation of digital telecommunications has triggered unlawful registrations using manipulated personal data, creating fundamental legal flaws in consumer contracts. Employing a normative juridical methodology, this research demonstrates that such illicit transactions categorically fail to fulfill the objective requirement of a lawful cause. Consequently, these defective agreements are deemed strictly null and void, mandating total restitution. Furthermore, the ensuing legal liability is multidimensional: civil liability burdens negligent sellers, strict administrative sanctions apply to telecommunication operators, and severe criminal penalties target data falsifiers. Injured consumers retain absolute rights to seek comprehensive compensation through robust dispute resolution mechanisms or formal civil litigation. Ultimately, this study highly recommends strengthening statutory regulations and harmonizing the Civil Code, Consumer Protection Law, and Personal Data Protection Law to ensure absolute national legal certainty for all citizens.]]>
