Jurnal Hukum to-ra: Hukum untuk mengatur dan melindungi masyarakat
Focus and Scope Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat is an open access and peer-reviewed journal that provides an academic platform for legal scholarship, particularly in the areas of governance policy, civil rights law, legal protection, and contemporary legal development. The journal welcomes articles that examine law as an instrument to regulate, protect, and transform society through critical, normative, empirical, and comparative legal analysis. Focus The journal aims to disseminate high-quality legal research, conceptual thought, and critical analysis in the field of law. It encourages scholarly contributions that address legal problems in Indonesia and beyond, especially those related to legal certainty, justice, public accountability, human rights protection, institutional governance, and the development of legal norms in society. To-ra also seeks to strengthen dialogue between legal theory and legal practice by publishing articles that examine legislation, court decisions, legal institutions, public policy, law enforcement, and emerging socio-legal issues in national, regional, and international contexts. Scope of Publication The scope of Jurnal Hukum to-ra includes, but is not limited to, the following areas: Constitutional and Administrative Law Constitutional institutions, regional elections, legislative formation, public participation, administrative justice, government authority, public service, and state administrative disputes. Civil, Business, and Economic Law Contracts, property, fiduciary security, bankruptcy, corporate responsibility, taxation, transfer pricing, consumer protection, and legal certainty in business relations. Criminal Law and Criminology Criminal liability, criminal justice, narcotics, cybercrime, fraud, hacking, corporate crime, law enforcement, criminal policy, and criminological analysis. Digital Law and Data Protection Personal data protection, privacy rights, financial technology, electronic transactions, digital evidence, deepfake, social engineering, and online platforms. Human Rights and Civil Rights Law Equality before the law, access to justice, privacy, consumer rights, workers’ rights, public participation, vulnerable groups, and social justice. Environmental, Health, and Labor Law Environmental protection, administrative sanctions, hospital liability, medical discipline, health law, occupational rights, maternity protection, and regulatory compliance. Legal Pluralism, Customary, and Religious Jurisprudence Legal pluralism, customary institutions, religious jurisprudence, halal product assurance, community-based legal norms, and living law. International, Comparative, and Contemporary Legal Issues Comparative law, international legal regimes, cross-border legal problems, governance in developing and emerging countries, and new legal challenges.
Articles
15 Documents
Search results for
, issue
"vol 12 no 1 (2026): april"
:
15 Documents
clear
<![CDATA[EFEKTIVITAS SISTEM HUKUM PIDANA DALAM PENANGANAN NARKOTIKA DI INDONESIA ]]>
<![CDATA[Aldi Pradani]]>;
<![CDATA[Abdurrakhman Alhakim]]>;
<![CDATA[Ampuan Situmeang]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.594
<![CDATA[The issue of narcotics in Indonesia has reached a critical point, marked by the high rate of distribution and abuse , which significantly affects social stability and the younger generation. Although Indonesia has enacted strict regulations through Law Number 35 of 2009 on Narcotics,the effectiviness of the criminal justice system in addressing narcotics related crimes remains in question. This study aims to analyze the effectiveness of the criminal justice system in handling narcotics offenses,with a focus on the system itself and the recurring phenomenon of user relapse. The research adopt a normative juridicial approach. The findings indicate a persistent gap between legal norms and their implementation,particularly in law enforcement,rehabilitation processes,and inter agency cordination. The high relapse rate suggests that repressive legal approaches have not addressed the root causes of the problem. There is a need to strengthen legal subtance,legal culture,the integrity of law enforcement officers,and to optimize rehabilitative and restorative approaches in handling narcotics abuse. An ideal criminal justice system should not only punish but also rehabilitate,provide justice, and ensure comprehensive protection for society]]>
<![CDATA[MITIGASI RISIKO HUKUM DALAM PEMBELIAN ASET PERUSAHAAN TINJAUAN TERHADAP PERLINDUNGAN HUKUM BAGI PEMBELI DI ATAS TANAH SEWA ]]>
<![CDATA[Yohanes Kaul]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.604
<![CDATA[The increasing use of social media in Indonesia has significantly raised the risk of personal data breaches, particularly due to social engineering attacks that exploit human behavior. This study aims to analyze the influence of social engineering on data breaches among social media users, identify the most dominant attack patterns, and examine user behavioral vulnerabilities as the main contributing factor. The research employs a normative and descriptive qualitative method through literature review and analysis of relevant studies on cybersecurity and data protection. The findings reveal that phishing, pretexting, baiting, vishing, and smishing are the most common forms of social engineering attacks, targeting users’ psychological weaknesses such as trust, lack of awareness, and low digital literacy. The study also finds that human error plays a more significant role than technical system weaknesses in causing data breaches. Furthermore, inadequate cybersecurity awareness and preventive measures increase user vulnerability. The study concludes that mitigating data breaches requires not only technological safeguards but also strengthening digital literacy, enhancing user awareness, and fostering collaboration between government, platform providers, and society to create a more secure digital ecosystem.]]>
<![CDATA[IMPLEMENTASI PERATURAN PRESIDEN NOMOR 12 TAHUN 2021 DALAM PELAKSANAAN PENGADAAN BARANG/JASA OLEH PEMERINTAH DAERAH DI PROVINSI SULAWESI UTARA ]]>
<![CDATA[Fonnyke Pongkorung]]>;
<![CDATA[Hervian Yulia Rumengan]]>;
<![CDATA[Rudy M.K. Mamangkey]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.614
<![CDATA[The government has established regulations on the procurement of goods/services to avoid problems in their implementation. However, bribery and gratuity practices are often found in the procurement of goods/services during the tender process. This study aims to determine the legal regulations governing the procurement of goods/services in the Regional Government of North Sulawesi and to determine the application of the law in the procurement of goods/services in the Regional Government of North Sulawesi. The research method used is a normative legal research method with a statutory approach and a conceptual approach. In this study, data/legal materials were collected based on literature studies and supported by data collection in the field (empirical research). The collected data were analyzed using qualitative data analysis. The results of the study indicate that the regulation of Government Procurement of Goods/Services is regulated in Presidential Regulation Number 16 of 2018, and then changes were made in Presidential Regulation Number 12 of 2021 concerning the First Amendment to Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services. The latest development in 2025 saw another change with the enactment of Presidential Regulation Number 46 of 2025 concerning the Second Amendment to Presidential Regulation Number 16 of 2018 and Presidential Regulation No. 12 of 2021 concerning Government Procurement of Goods/Services. The Regional Government, through the PBJ Section and the PBJ Working Group, has implemented the PBJ implementation mechanism in accordance with applicable regulations, however, in practice, violations still occur during the PBJ implementation stages.]]>
<![CDATA[TINDAKAN MANIPULATIF JASA ANIMAL COMMUNICATOR DI ERA MODERN: TINJAUAN KOMPARATIF PERLINDUNGAN KONSUMEN DI INDONESIA DAN SINGAPURA ]]>
<![CDATA[Christy]]>;
<![CDATA[Shenti Agustini]]>;
<![CDATA[Nurlaily]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.638
<![CDATA[Animal communicator services in Indonesia raise legal issues because they are prone to manipulation and difficult to verify. Consumers are often harmed by exaggerated claims, misleading information, and the absence of clear compensation mechanisms. This study aims to identify and compare consumer protection in Indonesia and Singapore, as well as analyze regulatory weaknesses in Indonesia in order to formulate policy recommendations. Using normative juridical methods and a comparative legal approach, this study analyzes the urgency of reconstructing consumer protection using responsive law theory by Philippe Nonet and Philip Selznick. The results show that the principle of freedom of contract can be abused to legitimize fraudulent practices, while consumers' rights to information, safety, choice, and compensation are often violated. Furthermore, overlapping regulations, such as the provisions between the UUPK and PP PMSE, weaken legal certainty. Therefore, legal reconstruction is necessary through more responsive regulations, strengthening dispute resolution institutions, and establishing transparency standards for service providers.]]>
<![CDATA[E-LITIGATION AND HUMAN RIGHTS PROTECTION: ASSESSING EQUALITY BEFORE THE LAW AND PRIVACY RIGHTS AT THE TANJUNG PINANG ADMINISTRATIVE COURT ]]>
<![CDATA[Rio Sandra Guari]]>;
<![CDATA[Ampuan Situmeang]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.642
<![CDATA[Despite the rapid expansion of electronic court systems in Indonesia, scholarly discussions have largely emphasized procedural efficiency and administrative outcomes, leaving a critical gap in assessing E-Litigation as an instrument for the fulfillment of human rights. In particular, there remains limited empirical analysis on how the implementation of E-Litigation affects the principles of equality before the law and the protection of privacy rights, especially within administrative courts serving archipelagic regions. This research aims to analyze the effectiveness of E-Litigation implementation at PTUN Tanjung Pinang in fulfilling human rights—specifically equality before the law and privacy rights—through a comprehensive effectiveness assessment. The study employs an empirical juridical research method, combining statutory and conceptual analysis with qualitative field data obtained through interviews, observations, and document review, interpreted using Soerjono Soekanto’s theory of legal effectiveness. The findings demonstrate that E-Litigation at PTUN Tanjung Pinang is normatively effective due to a clear, firm, and adaptive regulatory framework that legitimizes electronic judicial processes. However, empirical effectiveness remains partial. Among the five effectiveness factors, only the legal factor operates effectively, while law enforcement capacity, facilities and infrastructure, societal readiness, and legal culture continue to face significant challenges. Uneven digital literacy, unstable internet connectivity, limited technological transparency, and transitional legal culture create practical barriers that disproportionately affect certain groups, particularly users in remote island areas. These conditions undermine equal access to justice and raise concerns regarding the protection of personal data in electronic proceedings. Overall, the study concludes that E-Litigation at PTUN Tanjung Pinang has not yet fully functioned as a comprehensive human rights protection mechanism. Strengthening human resources, improving infrastructure, enhancing public digital literacy, and fostering an adaptive legal culture are essential to ensure that judicial digitalization advances not only efficiency, but also substantive justice and human rights protection.]]>
<![CDATA[ANALISIS PERTANGGUNGJAWABAN PIDANA KORPORASI TINDAK PIDANA NARKOTIKA ]]>
<![CDATA[Sunarto Poniman]]>;
<![CDATA[Faisal Rusyuandi]]>;
<![CDATA[Parningotan Malau]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.644
<![CDATA[Drug-related crimes constitute serious offenses that are not only committed by individuals but also increasingly involve corporations as both instruments and main actors in illegal drug trafficking networks. This study aims to analyze the regulation and implementation of corporate criminal liability in drug-related crimes under Indonesian positive law, as well as to examine the obstacles and possible improvements. This research employs a normative juridical method with statutory, conceptual, and judicial decision analysis approaches. The results reveal that corporations have been recognized as criminal law subjects under Law Number 35 of 2009 on Narcotics; however, technical regulations concerning standards of fault, mechanisms of proof, and corporate punishment remain inadequate. In practice, the enforcement of corporate criminal liability still faces various challenges, including procedural limitations, difficulties in proving corporate intent, limited law enforcement capacity, and structural as well as cultural legal constraints. Therefore, this study recommends strengthening regulatory frameworks, reforming criminal procedural law, enhancing law enforcement capacity, and reinforcing inter-agency coordination to improve the effectiveness of corporate prosecution in narcotics crimes. This research is expected to contribute to the development of national criminal law and to strengthen a more comprehensive and just drug law enforcement system.]]>
<![CDATA[ANALISIS PENGARUH SOCIAL ENGINEERING TERHADAP KEBOCORAN DATA PENGGUNA MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG TENTANG PELINDUNGAN DATA PRIBADI ]]>
<![CDATA[Diana Darmayanti Putong]]>;
<![CDATA[Courtney Tuilan]]>;
<![CDATA[Gyan Imanuel Mowoka]]>;
<![CDATA[Sisilia Keloay]]>;
<![CDATA[Gilbert Katang]]>;
<![CDATA[Olivia Karundeng]]>;
<![CDATA[Gusti Randa Sarigin]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.645
<![CDATA[This study aims to analyze the extent to which social engineering influences data leaks among social media users in Indonesia and to identify the factors that increase their vulnerability. A quantitative approach was used in this study by distributing an online questionnaire to 325 respondents who are active social media users from various backgrounds. Regression analysis shows that exposure to social engineering, particularly phishing and impersonation techniques, has a significant influence on the likelihood of data leaks. In addition, the level of information security awareness was found to moderate this relationship. This study concludes that personal data leaks are not only caused by technical weaknesses, but also by human factors that can be manipulated psychologically. The implications of this study suggest the need to improve digital security literacy, provide advanced security features on social media platforms, and strengthen personal data protection regulations in Indonesia.]]>
<![CDATA[KEBIJAKAN FORMULASI TINDAK PIDANA DEEPFAKE DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (UU ITE) DAN UNDANG-UNDANG PELINDUNGAN DATA PRIBADI (UU PDP) DI INDONESIA ]]>
<![CDATA[Nurul Aulia Fitriani]]>;
<![CDATA[Endik Wahyudi]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.647
<![CDATA[The development of deepfake technology derived from intelligent computational systems poses a new threat in cybercrime through the manipulation of digital identities whose characteristics closely resemble genuine materials. This study examines the policy formulation of deepfake criminal acts in the current and future Indonesian ITE Law and PDP Law. The research uses the legal protection theory from Philipus M. Hadjon and the criminal law policy theory from Barda Nawawi Arief, with a doctrinal legal analysis emphasizing legislative instruments The results show that the current policy formulation is still implicit and partial, where Article 27 of the ITE Law and Article 65 of the PDP Law can be applied but do not explicitly regulate deepfake as a distinct offense, causing difficulties in evidence and coordination obstacles between institutions. The study concludes that a reformulation is needed through the formulation of a specific deepfake crime with comprehensive elements, adopting the practices of South Korea and China to provide legal certainty and effective victim protection.]]>
<![CDATA[TANGGUNG JAWAB PIHAK KETIGA TERHADAP PERLINDUNGAN DATA NASABAH ASURANSI ALLIANZ MENURUT UU PERLINDUNGAN DATA PRIBADI ]]>
<![CDATA[Bening Aisyah Arrasy]]>;
<![CDATA[Endik Wahyudi]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.648
<![CDATA[Advances in digital technology in the insurance industry have triggered an increase in the processing of customers' personal data, which on the other hand also poses a potential risk of data leaks. This study seeks to examine the forms of protection for PT Asuransi Allianz Life customer data based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as reviewing legal responsibility for incidents of personal data leaks involving individuals and business entities. The methods applied are normative legal research with a legislative approach and case studies. The study findings indicate that PT Asuransi Allianz Life has implemented legal protection through a privacy notice on the official Allianz website, which contains its designation as a data controller, the determination of data purposes and processing, and information security in accordance with the provisions of the PDP Law. However, the data breach experienced by Dara Arafah indicates that this protection is not yet fully effective, especially in terms of supervision of third parties. In conclusion, normatively, PT Asuransi Allianz Life has complied with applicable regulations, but the reality on the ground is not yet fully compliant. This study confirms that legal responsibility for data leaks is not only borne by the individual perpetrator but can also be imposed on corporations in the form of criminal, administrative, or civil sanctions if they are proven to be involved. In addition, POJK Number 6/POJK.07/2022 further strengthens legal protection in the financial services sector.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN DATA PRIBADI DAN PENAGIHAN DENGAN INTIMIDATIF OLEH PERUSAHAAN FINTECH DI INDONESIA ]]>
<![CDATA[Shereen Virginia Sutriyadi]]>;
<![CDATA[Sri Redjeki Slamet]]>
<![CDATA[ Jurnal Hukum to-ra : Hukum untuk mengatur dan melindungi masyarakat Vol 12 No 1 (2026): April ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55809/tora.v12i1.666
<![CDATA[The public now has greater access to financing thanks to the development of financial technology (fintech), especially information technology-based lending services (peer-to-peer lending). However, this has also led to legal problems, such as the misuse of personal data and intimidating collection tactics against customers. In order to avoid the abuse of personal data, this research will examine the various kinds of regulation and supervisory procedures. Additionally, it will evaluate if threatening gathering activities are in compliance with the legal standards that apply in the Indonesian legal system. Normative legal research using a legislative, conceptual, and case approach, together with descriptive-analytical qualitative study of primary, secondary, and tertiary legal documents, is the research methodology used. The study's findings demonstrate that Indonesia already has a thorough regulatory framework in place for the deployment and oversight of fintech services, especially with regard to consumer protection, personal data, and collection governance, thanks to the regulations of the Financial Services Authority, the Personal Data Protection Law, the Consumer Protection Law, and the Electronic Information and Transaction Law. However, because of inadequate law enforcement, poor business actor compliance, and insufficient oversight, its implementation and monitoring are not currently as successful as they may be. In addition to being against existing laws and punishable by them, intimidating fintech collecting tactics have been shown to violate the principles of good faith, the right to security, and the protection of personal data.]]>
