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Safril Yanda
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INDONESIA
Journal of Law Perspectives Review
Published by Catalist Indo Publisher
ISSN : -     EISSN : 31104878     DOI : https://doi.org/10.64670/jlpr
Core Subject :
Journal of Law Perspectives Review (JLPR) is an open-access and peer-reviewed academic journal focusing on legal studies and contemporary issues in law. We publish original and up-to-date articles that address significant theoretical, doctrinal, and practical legal issues relevant to Indonesia, Southeast Asia, and the global context. JLPR explores various aspects of law from multidisciplinary and critical perspectives, emphasizing legal development, justice reform, and the role of law in societal transformation at national and international levels. Main topics include constitutional law, administrative law, criminal law, civil law, international law, environmental law, human rights law, legal theory, and legal pluralism. We welcome original research articles, case analyses, theoretical studies, and literature reviews that offer new paradigms and critical insights into the evolving nature of law and legal systems. Each submission undergoes rigorous peer review by legal scholars and practitioners to ensure high scientific quality and global relevance.
Arjuna Subject : -
Articles 29 Documents
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Juridical Analysis of Online Gambling Crimes Based on Decision Number 100/Pid.Sus/2024/Pn Sda Arly Andreas Lumban Toruana; Mochammad Fahmi Ulum; Berardy Shane Haposan Aritonang; Rosmalinda; Annisa Hafizhah
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.75

Abstract

The rapid advancement of digital technology has contributed to the increasing prevalence of online gambling in Indonesia, giving rise to significant social and legal challenges. This study examines the criminal liability of online gambling perpetrators based on Court Decision Number 100/Pid.Sus/2024/PN Sda and evaluates the appropriateness of the legal reasoning adopted by the court. This research employs a normative juridical method with a statutory and case approach by analyzing the Criminal Code (KUHP), the Information and Electronic Transactions Law (ITE Law), and relevant judicial decisions. The findings indicate that the judge correctly applied the constituent elements of the online gambling offense under Article 303 of the Criminal Code and Article 27 paragraph (2) in conjunction with Article 45 of the ITE Law, supported by electronic evidence and witness testimony. The decision affirms that active participants in online gambling activities may be held criminally liable under both the Criminal Code and the ITE Law. This study contributes theoretically by clarifying the construction and application of the lex specialis principle in online gambling cases and offers practical insights for law enforcement officials in assessing electronic evidence similar cases. 
Protection of Customer Personal Data in the Standard Clauses of the Privacy Policy of the Seabank Digital Bank Application Nimas Yuski Nur Lailli; Josef Purwadi; Yokhebed Arumdika
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.76

Abstract

This study aims to analyze the validity of standard clauses in the privacy policy of PT Bank SeaBank Indonesia, particularly in relation to customer personal data protection, and to examine the legal consequences arising from such clauses under Indonesian law. The research employs a normative legal method with statutory and conceptual approaches, relying on primary, secondary, and tertiary legal materials analyzed qualitatively through prescriptive reasoning. The findings reveal that the standard clauses used in SeaBank’s privacy policy tend to position customers in a weaker bargaining position through a “take it or leave it” mechanism, granting broad authority to the bank in processing personal data. These clauses are often general, lack transparency, and do not fully comply with the principles of legality, transparency, and informed consent as required by the Personal Data Protection Law and Consumer Protection Law. Furthermore, certain clauses potentially limit the liability of the bank, which may contradict existing legal provisions. Consequently, such clauses may be declared null and void if proven detrimental to customers, and the bank may bear legal responsibility for resulting damages. In conclusion, stronger regulatory supervision, improved transparency, and enhanced legal and digital literacy are essential to ensure effective personal data protection in digital banking services.
Factors Hindering the Implementation of Mediation in Minor Criminal Cases at the Gorontalo City Police Headquarters Asyawati Kasim; Dian Ekawaty Ismail; Apripari
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.79

Abstract

The conventional criminal justice system, which focuses on punishment, causes a backlog of cases and lengthy proceedings, making restorative justice through penal mediation an alternative for resolving minor criminal offenses (TPR) based on Perkap No. 8 of 2021. This study aims to identify the main factors that hinder the implementation of mediation in MOC cases such as petty theft, minor assault, and defamation at the Gorontalo City Police Station, using a sociological empirical legal approach with primary data from interviews with investigator Brigpol Fier P. Simanjuntak, as well as secondary data from legal documents, analyzed qualitatively through reduction, classification, and interpretation. The results of the study show that the main obstacles include the strict formal requirements of Perkap No. 8 of 2021, disagreement between the parties (victim or perpetrator due to trauma or refusal of responsibility), family intervention that causes emotional or cultural pressure, and financial constraints such as inability to pay restitution and operational costs, with internal factors such as investigator human resources and bureaucracy being more dominant than external factors. Overall, mediation has not been optimal due to ineffectiveness in terms of legal substance, law enforcement, facilities, society, and legal culture. Recommendations include more flexible regulations, mediator training, state financial support, socialization of restorative justice, and integration of local values to improve effectiveness and social justice.
Legal Reconstruction of Tax Collection on Crypto Assets and Non-Fungible Tokens (NFT) in the Perspective of Legal Certainty and State Financial Revenue Khofifah Pane; Irwan Triadi; Mas Punky Hendra Wijaya
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.83

Abstract

Indonesia's crypto asset and Non-Fungible Token (NFT) ecosystem has grown at a pace that substantially outstrips its regulatory readiness. By early 2025, the number of domestic crypto users had reached 22.9 million accounts, with total transaction value throughout 2024 amounting to IDR 650.61 trillion — positioning Indonesia as one of Southeast Asia's largest crypto markets. Against this backdrop, cumulative tax revenue from the sector stood at only IDR 1.19 trillion since 2022, falling far short of its actual fiscal potential. This study examines two core issues: first, how the legal construction of crypto asset and NFT taxation stands up to scrutiny under the principle of legal certainty in tax law; and second, whether the current tax collection mechanism adequately satisfies the principles of equity and efficiency as instruments of state revenue. Employing normative legal research with statutory and conceptual approaches, this study finds that Indonesia's crypto tax framework contains significant normative gaps, most notably the absence of any specific legal basis governing NFT taxation. The successive amendments from PMK 68/2022 through PMK 81/2024 to PMK 50/2025 reflect an adaptive effort that remains incomplete. From a fiscal equity perspective, the flat-rate Final Income Tax scheme is inconsistent with the ability-to-pay principle, as it treats small and large investors identically. This study concludes that statutory-level regulation explicitly addressing NFTs is urgently needed, alongside a shift toward a more equitable rate structure.
The Role and Legal Strength of Mediation in Providing Legal Certainty for Song Creators Ainun Nabilah; Andriyanto Adhi Nugroho; Atik Winanti
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.84

Abstract

This study aims to analyze the legal status and effectiveness of mediation in ensuring legal certainty for songwriters in copyright dispute resolution within Indonesia's digital music industry. The research employs a normative juridical method with statutory and conceptual approaches, focusing on relevant regulations and legal doctrines. The findings indicate that mediation is legally recognized as an alternative dispute resolution mechanism and possesses binding force based on the principle of pacta sunt servanda. However, its effectiveness in ensuring legal certainty is conditional. Mediation agreements formalized as court-approved settlement deeds (peace acts) provide stronger legal certainty due to their executorial force, whereas informal agreements lack enforceability. From the perspective of Gustav Radbruch's theory of legal certainty, mediation fulfills the normative aspect but remains limited in terms of predictability and enforceability. Furthermore, the study reveals that disparities in bargaining power between songwriters and industry actors often result in less equitable agreements, raising concerns from the standpoint of proportionality. Despite its advantages in efficiency, flexibility, and relationship preservation, mediation has not fully guaranteed substantive justice and legal protection. Therefore, strengthening the legal framework and institutional implementation of mediation is necessary to ensure balanced, reliable, and effective protection of songwriters' economic and moral rights in copyright disputes.
Reconstructing Law Enforcement Against Digital Content Piracy on Streaming Platforms in Indonesia: An Effectiveness Analysis from a Copyright Perspective Miranti Dwi Pangesti; Aurora Jillena Meilala; Diani Sadiawati
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.90

Abstract

Digital content piracy on streaming platforms is one of the major challenges in copyright protection in the era of information technology. This phenomenon has grown along with technological advancement and easy internet access, which are exploited by perpetrators to distribute content illegally without the consent of copyright holders. This research aims to analyze the effectiveness of legal enforcement against digital content piracy in Indonesia, based on Law No. 28 of 2014 on Copyright and other related regulations. The research uses a normative juridical method with a statutory approach and case study analysis, including cases such as IndoXXI and pirated film channels on Telegram. The findings reveal that although the legal framework is normatively sufficient, its implementation remains weak due to the lack of criminal enforcement, limited institutional capacity, and low public legal awareness. Based on Lawrence M. Friedman's legal system theory and Soerjono Soekanto's theory of legal effectiveness, it is concluded that the imbalance between legal structure, legal substance, and legal culture is the main cause of ineffective law enforcement against digital piracy. Therefore, regulatory reform, institutional capacity building, and public education campaigns are urgently needed to ensure more effective copyright protection in the digital space.
The Power of a Medical Record Certificate from a Doctor as Evidence of Domestic Violence (KDRT) in Divorce Cases: A Perspective on Legal Considerations of Court Decisions Agung Hermansyah; Handar Subhandi Bakhtiar; Slamet Tri Wahyudi
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.92

Abstract

This study examines the legal position and evidentiary strength of medical record certificates as proof of domestic violence (KDRT) in divorce cases within the Indonesian legal system. Divorce in Indonesia must be based on valid and provable reasons, including domestic violence, which presents complex evidentiary challenges, especially when visum et repertum is unavailable. This research employs a normative legal method using statutory, case, and conceptual approaches, supported by secondary data from legislation, court decisions, and legal literature. The findings indicate that medical record certificates are juridically recognized as written evidence within civil procedural law. However, their evidentiary value is not absolute but categorized as free evidence (vrij bewijs), meaning their strength depends on judicial assessment. Unlike visum et repertum, medical records are not specifically created for legal purposes, which limits their probative value. In judicial practice, judges tend to treat medical records as supporting or circumstantial evidence that must be corroborated by other forms of proof, such as witness testimony or party statements. Court decisions demonstrate that judges prioritize the relevance, consistency, and causal relationship between medical findings and alleged acts of violence. Therefore, medical records cannot stand alone as decisive evidence but play an important role in strengthening the overall evidentiary framework. This study highlights the need for careful judicial consideration and greater clarity regarding the use of medical documents in proving domestic violence in divorce proceedings.
Phoenix Company and Tax Crimes: An Analysis of Administrative Penal Law as a Model of Law Enforcement Febrian Halomoan; Handoyo Prasetyo; Slamet Tri Wahyudi
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.93

Abstract

This study examines the misuse of tax facilities through the Phoenix Company scheme and analyzes the application of administrative penal law as a law enforcement model in Indonesia's taxation system. The research is normative legal research employing statute and comparative approaches, supported by secondary data from legislation, literature, and relevant legal documents. The findings reveal that the Phoenix Company practice is a form of tax avoidance that exploits regulatory gaps, particularly in the application of final income tax for small and medium enterprises (SMEs). Through strategies such as firm-splitting and income bunching, taxpayers artificially maintain their turnover below the threshold to benefit from lower tax rates, despite operating as a single economic entity. This practice distorts tax fairness, reduces state revenue, and undermines the effectiveness of fiscal policy. Furthermore, the study finds that Indonesian tax law does not explicitly regulate illegal phoenix activities, resulting in enforcement relying on general provisions and principles such as substance over form. In this context, the administrative penal law approach offers a balanced framework by prioritizing administrative sanctions to restore state losses while retaining criminal sanctions as a last resort (ultimum remedium). The study suggests strengthening regulatory frameworks, enhancing inter-agency coordination, and optimizing data integration systems to improve detection and enforcement.
Administrative Appeal Decision on Dismissal of Civil Servants After Serving Criminal Sentences Yuli Mega Anggraeni; Taufiqurrohman Syahuri; Irwan Triadi
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.94

Abstract

This study examines the legal certainty of administrative appeals against the dismissal of civil servants (PNS) after serving criminal sentences, focusing on the role and authority of the State Civil Apparatus Advisory Board (BPASN). Using a normative juridical method with statutory and conceptual approaches, this research analyzes relevant legislation, legal doctrines, and a concrete case involving the dismissal of a civil servant despite evidence of timely reinstatement efforts. The findings reveal that the application of administrative law in such cases tends to be overly formalistic, often disregarding substantive evidence that reflects compliance with legal obligations. This condition undermines the principle of legal certainty, which requires not only clarity of norms but also consistency and fairness in their application. Furthermore, the study highlights the significant role of BPASN as a quasi-judicial body that ensures legal protection through material examination of facts and correction of administrative errors. From the perspective of proportionality, the imposition of dismissal as a severe sanction is deemed inappropriate when mitigating factors and good faith actions are evident. Therefore, the study concludes that achieving legal certainty in civil servant dismissal cases requires a balanced approach that integrates formal procedures, substantive justice, and careful administrative judgment.

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