Journal Kompilasi Hukum

The Effectiveness of the Transition from Physical to Electronic Certificates

Shinta Andriyani, Arief Rahman, Wiwiek Wahyuningsih, Mohammad Irfan — Sun, 05 Jul 2026 00:00:00 +0800

Digital transformation in the land sector is part of the agenda for bureaucratic reform and the modernization of public services in Indonesia. One aspect of this transformation is the implementation of electronic land certificates developed by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). This policy was initially regulated by ATR/BPN Ministerial Regulation No. 1 of 2021 on Electronic Certificates, which was subsequently refined through ATR/BPN Ministerial Regulation No. 3 of 2023 on the Issuance of Electronic Documents in Land Registration Activities. This study aims to analyze the effectiveness of the transition from physical land certificates to electronic certificates in ensuring legal certainty regarding land rights in Indonesia. The research method used is normative legal research employing a legislative approach, a conceptual approach, and an analytical approach. The results of the study indicate that the implementation of electronic certificates provides benefits in the form of enhanced document security, service efficiency, transparency in land administration, and a reduction in the risk of certificate forgery. However, the effectiveness of this implementation still faces various obstacles, including limited digital infrastructure, low levels of technological literacy among the public, cybersecurity concerns, and the uneven validation of land data across various regions. Therefore, it is necessary to strengthen regulations, improve data security systems, accelerate the validation of land data, and enhance public outreach so that the goals of legal certainty and the protection of land rights can be optimally achieved.

Harmonization of The Selaghian Sebambangan Customary Sanctions of South Bengkulu With Law No. 16 Of 2019 on Marriage

Cahaya Dwi Anggola, Vaula Karera, Firanica Prawita, Jeli Yanti, Mardhatillah — Wed, 24 Jun 2026 00:00:00 +0800

Selaghian Sebambangan customary sanctions in the Serawai community in South Bengkulu are part of a social control mechanism that functions to maintain family honor, social order, and the balance of kinship relations in traditional marriage practices. Legal problems arise when this practice intersects with national legal provisions regulated in Law Number 16 of 2019 concerning Marriage, especially relating to the minimum age limit for marriage and the obligation to register marriages as a condition for state legal recognition. The focus of the study is directed at the normative construction and legitimacy of Selaghian Sebambangan customary sanctions in the customary legal system of the Serawai community and its relationship with national legal provisions within the framework of Indonesian legal pluralism. The results of the study show that the existence of Selaghian Sebambangan traditional sanctions has strong sociological legitimacy through community acceptance and implementation by traditional institutions through deliberation mechanisms oriented towards the restoration of social relations and family honor. The existence of these customary norms is recognized in the national legal system as long as they do not conflict with the principles of state law and the protection of human rights. Harmonization between customary norms and national law requires harmonization that keeps local wisdom values alive in society, while ensuring legal certainty, orderly administration of marriages, and protection of women and children in the Indonesian legal system. This research also proposes a concrete harmonization model that includes procedural integration, restrictions on customary norms, institutional mediation, and protection of women’s and children’s rights, so that the Selaghian Sebambangan practice maintains cultural values and obtains formal legal recognition

Implementation of Shopee’s Policy to Protect Shopeefood Drivers from Fake Orders in Surabaya

Muhammad Haidar Ali, Waluyo — Sun, 28 Jun 2026 00:00:00 +0800

This study aims to examine how legal protection and legal certainty are provided by PT Shopee International Indonesia to ShopeeFood drivers in dealing with the issue of fictitious orders on the ShopeeFood service. The background for this research stems from the problem of fictitious orders, which are increasing day by day, causing tangible losses for ShopeeFood drivers. This study employs an empirical legal research method by applying a legislative approach, a conceptual approach, and a case study approach. Legal sources include primary legal sources, secondary legal sources, and non-legal sources. Data collection was conducted through field research and a literature review. The results of this study indicate that PT Shopee Internasional Indonesia provides legal protection to ShopeeFood drivers through both preventive and repressive measures. However, in practice, these measures have not yet been effective in providing legal protection and certainty for ShopeeFood drivers.

A Legal Review of The Issues Surrounding The Enforcement of Judgments For Breach of Contract

Aisha Sofia Chandra Maharani, Wiwin Yulianingsih — Sat, 27 Jun 2026 00:00:00 +0800

This study provides a legal analysis of the enforcement of court decisions in cases of breach of contract involving land title certificates. This study aims to analyze the judges’ legal reasoning in adjudicating the breach of contract case regarding the handover of a land title certificate in Judgment No. 2/Pdt.G/2025/PN Mad in conjunction with Judgment No. 470/PDT/2025/PT SBY, as well as the enforcement mechanisms available to the parties in such cases. The research method employed a normative legal approach using statutory, case-based, and conceptual approaches. The results indicate that the condemnatory order issued by the judge was appropriate; however, the validity of the subject matter of the agreement was not analyzed in depth, thereby affecting the enforceability of the judgment. The fact that the certificate is being used as collateral for a security interest by a third party opens the possibility of derden verzet under Article 195(6) of the HIR, while the rejection of the dwangsom removes the financial pressure on the defendant. If enforcement through aanmaning (Art. 195 in conjunction with Art. 196 of the HIR) is not carried out, the plaintiffs may pursue Art. 225 of the HIR as an alternative to convert the obligation to deliver into an equivalent sum of money.

Kata kunci: Dwangsom; Eksekusi Putusan; Sertifikat Hak Milik; Wanprestasi.

The Problem of Ambiguity in the Interpretation of the Criminal Offense of Insulting a State Institution in Cases of Potential Abuse of Authority

Firman Tri Wahyuono, Said Munawar, Roni Sulistyanto Luhukay — Mon, 22 Jun 2026 00:00:00 +0800

The ambiguity in the interpretation of criminal offenses involving defamation of state institutions has the potential to trigger abuse of power in a democratic state governed by the rule of law. Freedom of expression, as a constitutional right of citizens, is often pitted against criminal provisions that protect the honor of state institutions. Problems arise when the element of “insult” is formulated vaguely and is open to various interpretations, thereby granting law enforcement officials broad discretion. The method used is normative legal research employing legislative and conceptual approaches. The research findings indicate that democracy requires guarantees of freedom of expression as the foundation for public participation and mechanisms for oversight of power. In this context, the criminal offense of insulting state institutions becomes problematic when it is formulated ambiguously and fails to meet the principles of legality and lex certa. The vagueness of the element of “insult” grants broad discretion to law enforcement officials and has the potential to lead to selective law enforcement. Philosophically, state institutions, as public entities, cannot be equated with individuals in terms of the protection of moral dignity, as state institutions are established to perform public functions that must, by their very nature, be open to criticism. In the new Criminal Code, the criminal penalty for insulting state institutions straddles the line between the goal of protecting institutions and the potential for repression. The state does indeed have an interest in maintaining the authority and functions of its institutions, but disproportionate penalties risk overstepping the bounds of what constitutes an ultimum remedium. If applied broadly and flexibly, this provision could have a chilling effect, limit the space for criticism, and open the door to abuse of power.

Analyzing the Typology and Modus Operandi of Cyberporn Perpetrators on the Telegram Platform from the Perspective of Indonesian Criminal Law

Naswa Nelina Rahayu, Dewi Mayaningsih, Ende Hasbi Nassaruddin — Sat, 20 Jun 2026 00:00:00 +0800

Advances in information technology have driven the transformation of conventional pornography-related crimes into the form of cyberporn, which is anonymous, widespread, and organized, particularly through the Telegram app. This study aims to examine the legal status of perpetrators, modus operandi, and patterns of distribution, as well as the criminalization of cyberporn perpetrators on the Telegram app from the perspective of Indonesian criminal law. The study is of a legal-empirical nature, employing a qualitative method through a regulatory and criminological approach. Data was collected through online observation of Telegram groups and channels, interviews, and a literature review. The results of the study indicate that cyberporn perpetrators operate both individually and collectively by exploiting Telegram’s anonymity features, large group capacity, and cloud-based storage. Their modus operandi involves commercial patterns, such as paid VIP membership systems, as well as non-commercial patterns utilizing automated bots connected to cloud storage services. Legally, Law No. 44 of 2008 on Pornography has established criminal liability for producers, distributors, service providers, and even consumers of pornographic content. However, law enforcement against cyberporn remains largely reactive and has not been effective in preventing the recurrence of criminal acts. Therefore, it is necessary to strengthen law enforcement through an actor-oriented enforcement approach, a follow the money strategy to trace digital transactions, and enhanced international cooperation through the ratification of the Budapest Convention on Cybercrime.

Reorientation of The Honorary Council of The Constitutional Court In The Ethical Accountability of Constitutional Justices Following Constitutional Court Regulation Number 11 Of 2024

Rahmadani, Putri Raodah — Sat, 20 Jun 2026 00:00:00 +0800

Artikel ini mengkaji kedudukan dan kewenangan Majelis Kehormatan Mahkamah Konstitusi (MKMK) sebagai organ etik tetap dalam sistem akuntabilitas peradilan konstitusi Indonesia setelah berlakunya Peraturan Mahkamah Konstitusi (PMK) Nomor 11 Tahun 2024. Pengaturan terbaru menempatkan Majelis Kehormatan sebagai perangkat yang menjalankan fungsi pemantauan, pemeriksaan, pemutusan, dan rekomendasi tindakan etik terhadap hakim konstitusi. Penelitian ini menggunakan metode hukum normatif dengan pendekatan perundang-undangan, konseptual, kasus, historis, dan perbandingan. Artikel ini berargumen bahwa PMK Nomor 11 Tahun 2024 merupakan kemajuan yang progresif karena mengintegrasikan fungsi etik dalam organ yang bersifat tetap, memperjelas tata kerja pemeriksaan, merinci jenis sanksi, dan membuka ruang publikasi putusan etik. Namun, desain kelembagaan tersebut masih menyisakan persoalan pada dasar hukum yang bersumber dari peraturan internal Mahkamah, komposisi anggota yang terbatas, keberadaan hakim konstitusi aktif dalam majelis pemeriksa, proses penetapan anggota melalui Ketua Mahkamah Konstitusi, serta dukungan sekretariat dan pembiayaan yang melekat pada struktur Mahkamah. Oleh karena itu, artikel ini menawarkan reorientasi Majelis Kehormatan melalui penguatan dasar hukum pada tingkat undang-undang, perluasan komposisi independen, mandat preventif yang operasional, prosedur pemeriksaan yang menjamin due process, dan pembatasan tegas agar pengawasan etik tidak memasuki penilaian terhadap substansi putusan.

Strengthening the Protection of Children in Adhesion Daycare Contracts Through the Integration of Duty of Care and Vicarious Liability

Sat, 20 Jun 2026 00:00:00 +0800

The phenomenon of violence against children in daycare Little Aresha Yogyakarta shows the systemic weakness in child protection that stems from the fragility of legal construction in child care cooperation agreements. Custody agreements that have been used tend to be administrative and have not been able to provide adequate legal protection for parents and children as recipients of services. This study uses normative legal research methods with a case study approach to analyze the weaknesses of conventional daycare contracts, particularly related to operational legality, division of responsibilities, and consumer protection of child care services. The results showed that conventional daycare contracts are still asymmetric and do not accommodate the principle of comprehensive legal protection. The integration of the doctrine of Duty of Care and Vicarious Liability into the clauses of the agreement is considered to be able to strengthen the legal responsibility of daycare managers for the actions and omissions of caregivers. The reconstruction of the contract is carried out through the establishment of an operational permit as a condition for the validity of the agreement, setting standards for the ratio of companions and children, the obligation to certify staff competence, and strengthening supervision mechanisms. Digital transparency through real-time CCTV access is also placed as a contractual right of parents to prevent violence and create parenting accountability. The proactive-protective contract Model is ideally able to create a more fair, transparent, and accountable legal relationship, while strengthening the position of parents as consumers of child care services through the civil liability mechanism of daycare managers.

The “Truth of Information” Defense in Offenses of Insulting The President And Vice President Under The Criminal Code (KUHP)

Ahwan Ahwan, R. Fahmi Natigor Daulay — Sat, 27 Jun 2026 00:00:00 +0800

The substance of the offenses of insulting the president and vice president in the Criminal Code has indeed accommodated Constitutional Court Decision No. 013-022/PUU-IV/2006. The change in the nature of the offense to an absolute complaint-based offense and the reduction of the criminal penalty from six years to three years constitute substantial modifications. However, in certain sections, the legislature has retained the old classification, in which the president and vice president are designated as exclusive subjects in the offenses of defamation and insult. This has structural implications that concern not only the issue of freedom of expression but also the burden of proving the “truth of the information,” which serves as a crucial safeguard for citizens in expressing criticism. This article aims to examine how the mechanism for proving “truth of information” is regulated in the Criminal Code. Using doctrinal legal research with a legislative, conceptual, and comparative approach, this article seeks to examine the “truth of information” defense mechanism in defamation offenses involving the President and Vice President as subjects. This article finds that, in both the old and new Criminal Codes, the “truth of information” defense in defamation offenses applies only to “any person” and “public officials”/“civil servants.” This fact demonstrates that criticism of the public and government officials, on the one hand, and criticism of the “president and vice president,” on the other, are afforded different levels of protection. Furthermore, this also has the potential to create a chilling effect and foster a high degree of apathy among citizens regarding the exercise of their freedom of expression.

Juridical Implications of Forced Marriage As A Form of Violence Against Women

Aida Dewi, Yulianus Hendrikus Billi — Sat, 20 Jun 2026 00:00:00 +0800

The practice of forced marriage in Southwest Sumba regency reflects the conflict between customary law and national law that has a serious impact on the fulfillment of human rights, especially women’s rights. One form of such practice is mating capture, which is a tradition that is still found in some Indigenous communities and is often carried out without the consent of the women who are victims. This practice causes various forms of harm, both physically, psychologically, socially, and legally, so it can be categorized as a form of violence against women. This study aims to analyze the juridical implications of forced marriage as a form of violence against women and assess the challenges of applying the law in a society that is still strong in maintaining customary values. This study uses empirical legal approach with socio-legal methods. The analysis was carried out through normative studies of national legislation, especially Law Number 12 of 2022 on Sexual Violence Crimes (TPKS law), the Criminal Code, and various international human rights instruments that have been ratified by Indonesia. The study was combined with empirical data obtained from the practice of Capture mating in the field to understand the gap between legal norms and social reality. The results showed that Article 10 of the TPKS law has expressly criminalized forced marriage and provides a stronger legal basis in protecting women. However, its implementation still faces various obstacles, including the belis culture which requires high costs, structural poverty in East Nusa Tenggara, low legal awareness of the community, and resistance from some Indigenous communities to state intervention. Although law enforcement officials began to implement a more progressive approach through the TPKS law and the Criminal Code, there is still a significant gap between legal norms and social practice. Therefore, synergy between the government, law enforcement officials, Indigenous leaders, and civil society is needed to strengthen legal protection and ensure the effective fulfillment of women’s rights.

Classification of Trafficking in Persons Perpetrators Under The Criminal Code And The Law on Trafficking in Persons: Implications For Law Enforcement

Nunung Rahmania, Atika Zahra Nirmala, Yuni Ristanti — Sat, 27 Jun 2026 00:00:00 +0800

This study aims to analyze the differences in the classification of perpetrators in the Criminal Code (KUHP) and Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons (UU TPPO) and its implications for law enforcement in Indonesia. This study uses a normative juridical method with a statute approach, conceptual approach, and case approach through the analysis of 10 (ten) court decisions on the crime of trafficking in persons in Indonesia. The results of the study show; First, the classification of perpetrators based on the Criminal Code recognizes the concept of participation (deelneming) which focuses on the difference in individual criminal roles and responsibilities which is in line with the principle of geen straf zonder Schuld. In contrast, the Anti-Trafficking Law focuses on a structural and systematic approach by classifying perpetrators such as individuals, state administrators, corporations, and organized groups in order to reach the complexity of organized human trafficking crimes. Second, the paradigm difference in the classification of perpetrators between the Criminal Code and the Anti-Trafficking Law in judicial practice causes dualism in the application of norms, inconsistencies in jurisprudence, the potential for errors in iudicando due to the combination of material crimes in the Criminal Code with participation in the Criminal Code, and there are differences in the scanning of both prison sentences and fines. Therefore, this study recommends the need for standardization of the application of criminal norms and guidelines to ensure legal certainty, proportional justice, and the effectiveness of protecting victims of human trafficking in Indonesia.

The Effectiveness of Non-Litigation Resolution for Recurrent Domestic Violence And Efforts to Address it in Kupang City

Louise Marie Gere Kopa, Rudepel Petrus Leo, Deddy R. Ch. Manafe — Tue, 23 Jun 2026 00:00:00 +0800

Domestic violence is a human rights violation that continues to occur frequently and tends to be recurrent, indicating that existing response mechanisms are not yet optimal. One approach used in addressing domestic violence is non-litigious resolution through mediation, counseling, and psychological support. This study aims to analyze the effectiveness of non-litigious resolution for cases of recurring DV in Kupang City and to examine the mitigation efforts undertaken to reduce the incidence of recurring violence. This study employs an empirical legal approach using mixed methods. Primary data were collected through questionnaires and interviews with 60 respondents—comprising 30 victims and 30 perpetrators of repeated domestic violence—as well as interviews with law enforcement officials and relevant institutions, namely the Kupang City DP3A, LBH APIK NTT, and Rumah Harapan GMIT. Secondary data were obtained through a literature review of relevant laws and regulations and academic literature. The research findings indicate that non-litigation resolution is effective in reducing the intensity of violence and aiding victims’ psychological recovery in the short term. However, long-term effectiveness remains limited due to perpetrators’ low willingness to change, victims’ economic and social dependence, weak post-resolution monitoring, and deeply ingrained patterns of violence. Therefore, addressing recurring domestic violence requires an integrated approach through the combination of non-litigation and litigation mechanisms, institutional strengthening, victim empowerment, and continuous monitoring. The findings of this study are expected to serve as input for the government and relevant agencies in formulating more effective and sustainable policies for addressing domestic violence.