JBLR (Journal Of Business Law Research) whit ISSN: 3109-4074 is a peer-reviewed journal published by the Faculty of Law, Abdul Azis Lamadjido University. Jurnal JBLR is published twice a year in January and September. The journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The journal aims to provide a platform for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal discusses various topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Business Law, Customary Law, Environmental Law, and other sections related to contemporary legal issues.
EFEKTIVITAS KEBIJAKAN FORMULASI HUKUM PIDANA MATI DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA DITINJAU DARI ASPEK POLITIK HUKUM
Corruption is one of the criminal offenses for which the death penalty may be imposed upon its perpetrators, as stipulated in Article 2 paragraph (2) of the Law on the Eradication of Corruption Crimes. This provision reflects the seriousness of the legislator in combating corruption. However, the death penalty clause is regulated only in Article 2 paragraph (2) of the Law, and no other provisions contain a similar sanction. As a result, the death penalty for corruptors has never been implemented in practice. This condition has failed to create a deterrent effect or fear among individuals from committing acts of corruption outside those specifically punishable by death. This study aims to examine whether the role of legal politics is necessary in optimizing corruption eradication efforts in order to achieve the objectives of the state as set forth in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia. Furthermore, the policy formulation of the death penalty for corruptors has in fact never been applied until now, raising the question of whether the implementation of capital punishment for corruptors is effective in eradicating corruption crimes. This research employs a normative legal research method with a normative juridical approach. The results of the study indicate that in efforts to combat corruption in Indonesia, legal politics is regarded as an approach that places greater emphasis on the utility of law. This approach involves legal discovery or legal reform in accordance with social developments and urgent needs in law enforcement. Meanwhile, the implementation of the death penalty for corruptors in Indonesia is considered difficult to carry out and is deemed ineffective. Keywords: Corruption Crime, Death Penalty, Legal Politics.
Copyright (c) 2026 JBLR (Journal Of Business Law Research) https://creativecommons.org/licenses/by-nc-sa/4.0/
ANALISIS STRATEGIS PENGGABUNGAN BADAN USAHA MILIK NEGARA (BUMN) KONSTRUKSI DI INDONESIA: TINJAUAN DARI PERSPEKTIF MANAJEMEN RISIKO DAN INOVASI
This study analyzes the merger strategies of seven State Owned Enterprises (SOEs) in construction in Indonesia into three groups based on specialization, with a focus on risk management and innovation perspectives. The background of the study stems from the serious problems faced by SOEs in construction, including declining profitability, debt accumulation, and business continuity risks. The research method uses a normative approach with a literature review, examining synergy theory as a theoretical foundation and various secondary data from financial reports, government policies, and previous research results. The analysis results indicate that mergers have the potential to create operational, financial, and managerial synergies by reducing duplication of functions, strengthening market positions, and increasing risk management and innovation capacity. However, integration challenges such as differences in organizational culture, communication barriers, and operational risks need to be anticipated through careful planning, effective communication, and structured change management. The study's conclusion confirms that mergers in construction SOEs can be an effective strategy to improve competitiveness and financial health, provided that in-depth analysis, a comprehensive integration strategy, and sustainable management of risks and stakeholder expectations are carried out. Keywords: State-owned construction companies, business mergers, synergy theory, risk management, innovation
PERBANDINGAN KETENTUAN CORPORATE SOCIAL RESPONSIBILITY (CSR) DI TAIWAN DAN INDONESIA
This study aims to analyze the comparison of Corporate Social Responsibility (CSR) regulations in Indonesia and Taiwan from a legal perspective. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that in Indonesia, CSR is referred to as Corporate Social and Environmental Responsibility (TJSLP), regulated under Article 74 of the Company Law and Government Regulation No. 47 of 2012. It is mandatory, particularly for companies operating in the natural resources sector. However, weaknesses remain in terms of supervision mechanisms and the clarity of sanctions, resulting in legal uncertainty. In contrast, Taiwan regulates CSR through the Company Act and the Corporate Social Responsibility Best Practice Principles for TWSE/GTSM Listed Companies, emphasizing transparency, mandatory reporting, and financial supervisory authority oversight. Although sanctions are not strictly imposed, Taiwan’s system is considered more systematic and aligned with sustainable development principles. This comparison suggests that Indonesia needs to strengthen supervision, regulatory harmonization, and legal certainty to enhance CSR implementation effectiveness. Keywords: Corporate Social Responsibility, TJSLP, comparative law, supervision, sustainable development
IMPLIKASI NOTARIS YANG DIBERHENTIKAN SEMENTARA DAN DIBERHENTIKAN DENGAN TIDAK HORMAT
Notaries are public officials who possess attributed authority from the state to create authentic deeds in order to ensure legal certainty for the public. However, the integrity of this position can be compromised if a Notary commits legal or ethical violations that lead to administrative sanctions. This study analyzes the legal implications for the authority of the office and the evidentiary strength of deeds for Notaries who are subject to sanctions of temporary dismissal compared to dishonorable dismissal (PDTH). Using a normative legal research method with literature analysis, it was found that dismissal sanctions result in an immediate loss of the Notary's legal capacity, whether in the form of functional suspension (temporary) or permanent termination (PDTH). The fatal implication is the degradation of the deed's evidentiary strength into a private deed for deeds processed during the sanction period. Therefore, a swift and transparent protocol handover mechanism is required to protect the civil rights of the public using Notary services. Keywords: Notary, Dismissal, Authentic Deed
PERAN DAN TANGGUNG JAWAB NOTARIS DALAM MENJAMIN KEPASTIAN HUKUM ATAS PERALIHAN HAK ATAS TANAH DI INDONESIA
Notaries hold a strategic role within the Indonesian legal system, particularly in ensuring legal certainty over the legal acts of the public. One of the most critical areas is the transfer of land rights, which involves the authority of notaries and the Land Deed Official (Pejabat Pembuat Akta Tanah or PPAT). This article provides a comprehensive discussion on the role, authority, and responsibilities of notaries in the process of land rights transfer, including the relationship of their authority with PPAT, practical challenges in the field, and the legal implications in the event of violations. The research method employed is normative legal research with a statutory and conceptual approach. The findings indicate that notaries play a central role in ensuring legal certainty; however, they still face various challenges from both regulatory and practical perspectives. Therefore, there is a need to strengthen legal understanding and professional ethics to maintain public trust in the notary profession. Keywords: Notary, PPAT, land rights transfer, legal certainty, authentic deed
Status Hukum Tanah Pascabencana (Studi Kasus Banjir di Sumatera Barat, Sumatera Utara dan Aceh)
The flash floods and landslides that struck the provinces of West Sumatra, North Sumatra, and Aceh at the end of 2025 not only caused significant humanitarian and economic impacts but also raised serious issues in the field of land law. The loss of physical land boundaries, land being buried under mud, and the destruction of land objects due to natural events have the potential to erase the legal relationship between the landholders and their land, opening up opportunities for disputes and illegal land appropriation. This study aims to analyze the legal status of land after floods in the affected areas and to formulate legal solutions that can provide protection and legal certainty for the impacted communities. The research method used is normative legal research with an approach based on legislation and a conceptual approach. The study results indicate that land experiencing permanent changes in form due to disasters can be classified as destroyed land and newly formed land, which implies the termination of land rights and the transfer of such land to state control. To address this condition, the study offers a legal solution through post-disaster agrarian reform, which includes asset arrangement through re-legalization or land redistribution, as well as access arrangement through funding support for disaster victims. This approach is expected to restore citizens' land control, prevent land conflicts, and achieve justice and legal certainty after disasters. Keywords: Land Destruction, Land Emergence, Agrarian Reform
RATIO DECIDENDI HAKIM DALAM MENJATUHKAN PUTUS BEBAS PELAKU TINDAK PIDANA KORUPSI
This study examines the legal considerations of the Panel of Judges in Decision Number 12/Pid.Sus-TPK/2023/PN Mks regarding the application of Article 2 in conjunction with Article 3 of the Corruption Law to the Defendant Ir. Muhammad Dahir. This study aims to assess the accuracy of the acquittal by linking it to the fulfillment of the elements of corruption and the objectives of the law. The method used is normative legal analysis with a legislative and case-based approach. The results of the study show that the elements of unlawful acts, abuse of authority, and state losses have been fulfilled due to negligence in supervision that reduced the quality of concrete below standards. The acquittal is considered inappropriate because it does not reflect a sense of justice, legal certainty, and criminal responsibility. Keywords: Corruption, Acquittal, Ratio Decidendi.
TANGGUNG JAWAB HUKUM PERUSAHAAN TERHADAP KERUGIAN SOSIAL DALAM PERSPEKTIF HUKUM BISNIS BERKELANJUTAN
The development of business activities from local to global scales has generated significant consequences for social life. Corporate operations are not solely aimed at achieving economic profits but often give rise to negative externalities, such as environmental degradation, unilateral termination of employment, and community displacement due to business expansion. These conditions highlight the need for a legal approach that balances economic interests with social responsibility. Sustainable business law emerges as a paradigm that encourages companies to assume legal responsibility for the social impacts resulting from their operational activities. This research employs a normative legal research method using statutory and legal doctrinal approaches to analyze the concept of corporate legal responsibility for social losses. The findings indicate that corporate legal responsibility is not limited to formal compliance with regulations but also requires the implementation of principles of social justice, protection of human rights, and environmental sustainability as integral components of sustainable business strategies. Therefore, sustainable business law plays a crucial role in promoting responsible corporate conduct and ensuring long-term social welfare. Keywords: legal responsibility, corporation, social loss, sustainable business law.
DISKRESI PEJABAT PUBLIK DALAM PELAYANAN PERIZINAN BERUSAHA BERBASIS OSS RISK BASED APPROACH
Business licensing services based on the Online Single Submission Risk-Based Approach (OSS-RBA) are designed to simplify the licensing process and increase legal certainty for businesses. However, in practice, the implementation of OSS-RBA still involves the discretion of public officials, particularly in the verification process, risk assessment, and administrative decision-making. This study aims to analyze the forms and limits of public officials' discretion in OSS-RBA-based business licensing services and their implications for the principle of government accountability. The research method used is normative legal research with a statutory and conceptual approach. The results show that although OSS-RBA is digital and standardized, room for official discretion remains and has the potential to give rise to legal issues if not clearly defined. Therefore, strengthening oversight and legal accountability mechanisms is necessary to ensure accountable licensing services that comply with the principles of good governance. Keywords: Public Official Discretion, OSS-RBA, Business Licensing, Government Accountability, Good Governance
PERAN DAN BATASAN KEWENANGAN NOTARIS DALAM PROSES APOSTILLE PADA DOKUMEN PUBLIK DI INDONESIA
Indonesia’s accession to the Apostille Convention through Presidential Regulation Number 2 of 2021 marks a significant transformation in the mechanism for authenticating public documents for cross-border use. This reform replaces the previous tiered legalization system, which required lengthy procedures and involvement from multiple institutions. Nevertheless, ambiguity remains regarding the extent of notaries’ authority within the apostille procedure, as well as the limitations of their role under the existing legal framework. Based on these considerations, this study formulates the research question concerning the role and the boundaries of notarial authority in the apostille process for public documents in Indonesia. This research employs a qualitative juridical method with a normative approach, examining statutory regulations, legal doctrines, and relevant legal principles governing the implementation of apostille services, particularly those relating to the position of notaries. The findings indicate that notaries play a strategic role in providing initial legalization of both public and private documents, which serve as prerequisites before the apostille certificate can be issued. This authority constitutes an attribution of power granted directly by the Notary Office Act. However, the limitations of notarial authority lie in the absence of any power to issue apostille certificates, as such authority rests exclusively with the Directorate General of General Legal Administration as the competent authority. Consequently, the role of notaries within the apostille system is supportive in nature, restricted to the verification and legalization stages without exceeding the administrative powers established under statutory regulations. Keywords: Notary, Legalization of Public Documents, Attribution Authorit
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PENGARUH KUALITAS PELAYANAN AGEN NOTARIS, LOKASI, DAN LOYALITAS
This study aims to analyze the influence of notary agent service quality and office location on client loyalty in notarial services in Indonesia. The quality of notary agent services plays a strategic role, as agents directly interact with clients by providing information, managing administrative processes, and ensuring the smooth execution of notarial procedures. Furthermore, the location of the notary office is an important factor because accessibility, visibility, environmental security, and supporting facilities influence clients' decisions to choose and continue using notarial services. This study employs a normative juridical approach combined with descriptive analytical methods to explain the relationship between the examined variables. The findings indicate that service quality has a significant effect on client loyalty, as fast, accurate, friendly, and informative services increase trust and satisfaction. A strategic office location also contributes to client loyalty by facilitating access and enhancing comfort during the service process. Simultaneously, service quality and location positively affect client loyalty toward the notary office. The study emphasizes the importance of improving agent competency, strengthening service procedures, and selecting strategic office locations as key efforts to maintain client loyalty amid increasing competition in notarial services. Keywords: notary, service quality, notary agent, location, client loyalty
KEABSAHAN AKTA SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN OLEH NOTARIS YANG MENGIKUTI FORMAT TULISAN AKTA PEJABAT PEMBUAT AKTA TANAH
The public’s need for authentic deeds as legal instruments that ensure certainty and legal protection has encouraged Notaries to adjust their deed-drafting practices in line with regulatory developments, including the tendency to use deed formats that resemble those of Land Deed Officials (PPAT). This trend has the potential to affect the validity of deeds and lead to disputes. This study employs a normative legal research method by examining primary and secondary legal materials. The findings indicate that the structure of Notarial deeds is explicitly regulated under Article 38 of the Notary Office Law (UUJN) and must comply with formal requirements as a condition of authenticity. Meanwhile, the validity of a Power of Attorney to Encumber Mortgage (SKMHT) drafted using a PPAT-style format depends on adherence to the formal and substantive provisions established by the Mortgage Law (UUHT) and the UUJN. Although the writing format is not specifically regulated, Notaries are obligated to uphold principles of clarity, proper drafting ethics, compliance with legal norms, and professionalism to ensure that the deed remains valid and does not become degraded. This study underscores the importance of maintaining consistency in deed formats with regulatory requirements to avoid errors that may impact the validity of documents and the legal protection of the parties involved. Keywords: Notary, Authentic Deed, Legality
REKONSTRUKSI TINDAK PIDANA LINGKUNGAN HIDUP DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009
The focus of the study in this research is part of a study of criminal law policies, especially on the reconstruction of environmental crimes in Law Number 32 of 2009 concerning Environmental Management and Protection (UUPPLH). Environmental crimes in UUPPLH work as ultimum remedium with ongoing environmental damage, as well as several unclear criminal formulations, will result in stagnation of justice and legal certainty in a law. The practice of law enforcement against the law will also not run optimally. So this paper will review how to reconstruct environmental crimes in UUPPLH? By using normative research methods with a regulatory-legislative approach and a contextual approach. The author will see by using optical policy formulation so as to find conclusions and recommendations on the need for environmental crime regulations in the Criminal Code or laws in particular. UUPPLH is inconsistent with the rules for formulating criminal acts that depend on administrative and independent administrative criminal acts, the method of formulating criminal sanctions also determines penalties with a criminal threat of more than 1 year, this is inconsistent with administrative laws that have criminal sanctions. Keywords: Reconstruction, Criminal Act, Environment
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA CYBERSTALKING DI INDONESIA
The development of increasingly sophisticated information technology as a means of communication and interaction between people. This technological development is often misused by individuals to commit acts that can disrupt the comfort and safety of others. Cyberstalking is an act carried out by someone via the internet or social media to send messages containing threats, harassment, and other actions that cause fear to others. This study uses a normative research method by reviewing laws and other literature to understand the issue being investigated by the author. Furthermore, the legal basis used to combat internet-based crimes, so far, there are still no specific regulations governing cyberstalking and still rely on the Information and Electronic Transactions Law and the Criminal Code. Therefore, there is a need for specific regulations governing cyberstalking to provide strict sanctions for perpetrators. Keywords: Criminal Sanctions, Crime, Cyber Stalking.
PERLINDUNGAN HUKUM BAGI KREDITOR KETIKA BARANG JAMINAN MUSNAH
Legal protection regarding property interests that usually regulates objects, these objects in the discussion of civil law include objects that are the object of collateral. Legal acts of pawning, mortgage, fiduciary or collateral initially begin with a credit agreement which is basically regulated in Book III of the Civil Code regarding obligations. In this agreement only gives the parties rights and obligations between receivables and creditors. The first problem formulation is what is the legal protection for creditors when collateral is destroyed, secondly what is the position of the credit agreement when collateral is destroyed. This research method is normative or doctrinal by using two approaches, namely the statutory approach and the conceptual approach. The statutory approach is carried out by examining all laws and regulations related to legal issues. The first research result of Article 1131 of the Civil Code is about the general guarantee given to creditors when the collateral is destroyed to become concurrent creditors and secondly that the credit agreement which is the main agreement will remain valid as long as the agreement has not been terminated by the parties because in the event of the destruction of the collateral it only removes the material agreement. Suggestion that creditors should be more careful in assessing the value of collateral so that no losses occur when the auction results occur. Keyword: Legal Protection, Property Guarantee Law
IDEOLOGI PANCASILA SEBAGAI DASAR MEMBANGUN NEGARA HUKUM DAN IMPLEMNTASI DI ERA REFORMASI INDONESIA
This research examines Pancasila ideology as the foundation for building a state based on law and its implementation in Indonesia’s reform era. Pancasila serves as the source of all legal norms, providing philosophical, ethical, and juridical foundations for state governance. The concept of Indonesia’s rule of law differs from Western concepts of rechtsstaat and the rule of law, as it emerged from the struggle for independence against colonialism rather than opposition to monarchical absolutism. Using doctrinal legal research with a statutory approach, this study emphasizes that Pancasila is not only the foundation of the state but also the paradigm for development in education, politics, ideology, law, and national resilience. The findings indicate that implementing Pancasila in nation building during the reform era faces challenges from globalization, requiring a stronger understanding of Pancasila values to remain a guiding principle for the life of the nation and the state. Keywords: Pancasila, rule of law, legal state, development, reform era.
KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA OTENTIK ELEKTRONIK DALAM KONTEKS CYBER NOTARY TERKAIT DENGAN KETENTUAN PASAL 1868 KITAB UNDANG-UNDANG HUKUM PERDATA
The rapid development of information and communication technology is driving a transformation in notarial practice, particularly in the electronic creation of authentic deeds through the concept of cyber notary. This study analyzes the authority of notaries to create electronic authentic deeds in relation to the provisions of Article 1868 of the Civil Code (KUHPerdata), which requires authentic deeds to be created in person before a public official. Although technologies such as video conferencing have opened up opportunities for electronic deed creation, regulations in Indonesia, such as the Notary Law (UUJN), the Electronic Information and Transactions Law (UU ITE), and the Civil Code, have not yet fully synchronized and accommodated physical presence in an electronic context. This research shows that this regulatory inconsistency is a major obstacle to the official implementation of cyber notary, thus preventing legal certainty regarding electronic authentic deeds. Therefore, adjustments and harmonization of laws and regulations are essential to support the implementation of the cyber notary concept in order to provide modern, efficient, and reliable notarial services in the digital era. Keywords: Cyber Notary, Authentic Deed, UUJN.
TINJAUAN YURIDIS TERHADAP SISTEM PEMUNGUTAN PAJAK DALAM KEGIATAN BISNIS
This research discusses a juridical review of the tax collection system in business activities in Indonesia. As a compulsory source of state revenue, taxation plays a vital role not only as a fiscal instrument but also as a means of income distribution and economic regulation. Indonesia’s tax system adopts a self-assessment system, granting taxpayers the authority to calculate and report their obligations, yet it often leads to issues such as tax avoidance and tax evasion. The research method applied is normative juridical with a descriptive-analytical approach and literature study. The findings indicate that although tax regulations are formulated to achieve legal certainty and fairness, their implementation still faces obstacles such as low taxpayer compliance, regulatory complexity, and challenges arising from digital economy taxation. Therefore, regulatory reforms that are more adaptive, effective supervision, and improved legal awareness among business actors are needed to optimize the tax system and enhance its contribution to national development. Keywords: Tax, Business, Tax Collection, Juridical Review, Self Assessment
WANPRESTASI PENUNDAAN PEMBAYARAN PADA AKAD ISTISHNA’ MENURUT HUKUM POSITIF DAN FATWA DSN-MUI NO. 06/IV/2000 (Studi Kasus Usaha Menengah,Kecil dan Menengah Lampung Tengah)
This study examines breach of contract in the form of delayed payments under the istishna’ contract among Micro, Small, and Medium Enterprises (MSMEs) in Central Lampung. Although based on Islamic principles and regulated by DSN-MUI Fatwa No. 06/IV/2000, istishna’ contracts remain subject to Indonesian civil law. Findings reveal that delayed payments without a new agreement constitute a breach of contract (wanprestasi) under Article 1238 of the Civil Code. Creditors are legally entitled to demand performance, compensation, or contract termination. However, in practice, formal legal remedies are rarely pursued, as MSMEs prefer non litigation settlements. This indicates a gap between legal norms and social practices. The study highlights the importance of clear and enforceable contractual clauses as instruments for legal protection and business sustainability. Keywords: Istishna’, breach of contract, Civil Code, DSN-MUI, MSMEs
ANALISIS PENGUJIAN USIA CALON PRESIDEN/WAKIL PRESIDEN SESUAI KETENTUAN PASAL 169 HURUF Q UNDANG-UNDANG PEMILIHAN UMUM TERHADAP UNDANG- UNDANG DASAR TAHUN 1945
Indonesia is the only country that is given the authority to interpret the constitution through the institution of the Constitutional Court. Generally, constitutional judges interpret the constitution when there is a request for a judicial review of a law against the 1945 Constitution of the Republic of Indonesia (1945 Constitution). The general aim of this research is to increase knowledge and insight regarding the authority of the Constitutional Court regarding legal interpretation relating to norms in the constitution. The research method used by the author in the normative juridical approach is based on significant legal sources and pays attention to theories, concepts, legal principles and regulations related to this research. The results of this research show that the request for an age limit as a condition for nominating President and Vice President is not a constitutional issue, both technically and physically historical. The formation of regulations regarding the age requirements for presidential and vicepresidential candidates is factually within the realm of legislators. Therefore, the issue of the age of the Presidential and Vice Presidential Candidates which is not regulated rigidly in the 1945 Constitution can be considered as open legal policy. Draft open legal policy indicates that legal regulations are not specifically regulated in the constitution, then gives freedom to legislators to make provisions regarding the age limits for presidential and vice-presidential candidates. Keywords: Constitutional Court, Judicial Review, Legal Interpretation
ESKSISTENSI INDONESIA DI DALAM KONFLIK PALESTINA DAN ISRAEL
Indonesia's presence in the Palestine-Israel conflict reflects Indonesia's active and consistent role in this issue. Indonesia has long supported the rights of the Palestinian people and will strive for genuine independence for them, ultimately achieving world peace and order. The factors behind Indonesia's support for Palestine include: Indonesia's anti-colonialism stance, as enshrined in the 1945 Constitution. Indonesia rejects any state control over another country. Indonesia has recognized Palestine as a sovereign state since 1988, but Israeli occupation has deprived Palestine of its right to independence. Furthermore, Indonesia is a predominantly Muslim country, as is Palestine, making it obligatory for fellow Muslims to support and assist one another. Indonesia will continue to strive to advocate for and support the achievement of independence for the Palestinian state. This reflects Indonesia's strong commitment to fighting for Palestinian freedom and sovereignty as part of its support for their rights. Keywords: Existence, Palestine-Israel Conflict
PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI JUAL BELI DI ERA DIGITAL DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN
The transformation of trade in the digital era has brought significant changes to buying and selling activities, which are now largely conducted online through various digital platforms. However, this advancement has also given rise to several problems, particularly concerning legal protection for consumers who often fall victim to online transaction crimes. This study aims to examine two main aspects: first, the form of legal protection provided to consumers in online buying and selling transactions in Indonesia; and second, the effectiveness of Law Number 8 of 1999 concerning Consumer Protection in safeguarding consumers from online trade crimes. This research employs a normative juridical method with a statutory and literature approach. The findings show that the Consumer Protection Law (CPL) provides protection in the form of recognition of consumer rights to safety, comfort, accurate information, and the right to compensation if harmed. On the other hand, the Electronic Information and Transactions Law (ITE Law) protects consumers from digital crimes such as fraud and the dissemination of false information in online transactions. However, the effectiveness of the CPL in protecting consumers in online transactions remains low due to weak law enforcement, lack of digital literacy among the public, and the absence of comprehensive technical regulations governing online transactions. Keywords: Consumer Protection, Online Transactions, Effectiveness
PANDANGAN KUHP TERHADAP TINDAK PIDANA KEJAHATAN PENCUCIAN UANG
The term "money laundering" in Indonesian literally means money laundering, or what is commonly known as money laundering. Law No. 15 of 2002 explains that money laundering is an attempt to conceal the origin of assets obtained through the crime of money laundering. In Fransiska's article, money laundering is any form of action obtained through improper means that results in harm to others. The problem to be studied is: Based on the description above, the author wants to determine the regulations and prevention of Money Laundering in Indonesia. This research uses a normative legal approach with a bibliographical nature, namely by inventorying and reviewing or analyzing secondary data in the form of primary legal materials and secondary legal materials. According to the provisions of Article 2 of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering, the crimes included in the category of Money Laundering are as follows: corruption; bribery; narcotics; psychotropics; labor smuggling; migrant smuggling; banking; capital markets. Keywords: Criminal Code Perspective, Crime, Money Laundering
PENYELESAIAN SENGKETA BISNIS MELALUI ARBITRASE SEBAGAI MEKANISME ALTERNATIVE DISPUTE RESOLUTION
This study examines business dispute resolution through arbitration as a form of Alternative Dispute Resolution (ADR), which is considered more effective than litigation. The research method applied is normative juridical with library and comparative approaches. The analysis reveals that arbitration offers several advantages, including faster proceedings, confidentiality, flexibility, and the freedom for parties to appoint arbitrators with relevant expertise. Arbitration awards are final and binding, thus providing stronger legal certainty. Nevertheless, arbitration also has weaknesses, such as absolute dependence on arbitrators, the absence of precedent, and challenges in recognizing and enforcing foreign arbitral awards. In addition to arbitration, other ADR mechanisms such as consultation, negotiation, mediation, and conciliation remain relevant, yet arbitration holds a strategic role in resolving business disputes. Keywords: Arbitration, Alternative Dispute Resolution, Business Dispute, Legal Certainty
ANALISIS PERBEDAAN KEDUDUKAN HUKUM ANTARA PERUSAHAAN BERBADAN HUKUM DAN TIDAK BERBADAN HUKUM DALAM SISTEM HUKUM INDONESIA
This study analyzes the differences in legal status between legal entities and non-legal entities within the Indonesian legal system. Legal entities, such as Limited Liability Companies, State-Owned Enterprises, and Cooperatives, possess an independent legal personality separated from their founders, thus ensuring legal protection through the separation of company assets from personal assets of the owners. In contrast, non-legal entities, such as partnerships (Firma) and limited partnerships (CV), do not have such separation, making the partners personally liable, even extending to their personal assets. This research employs a normative juridical method with a literature and comparative approach. The findings reveal fundamental differences in liability, legal recognition, and protection of third parties between legal entities and non-legal entities. These results emphasize the importance of choosing the appropriate business entity to ensure legal certainty, protection of owners, and fairness for third parties engaging with the company. Keywords: Legal status, legal entity, non-legal entity, Indonesian legal system.
TINJAUAN YURIDIS TERHADAP ARBITRASE SEBAGAI MEKANISME ALTERNATIF PENYELESAIAN SENGKETA.
This research examines the juridical review of arbitration as an alternative dispute resolution (ADR) mechanism in Indonesia. The background of this study lies in the inefficiency of litigation in general courts, which is often perceived as time-consuming, costly, and procedurally rigid. Arbitration emerges as a solution with characteristics of faster proceedings, confidentiality, and binding legal certainty for the parties involved. The focus of this research is to analyze the legal basis, procedures, and effectiveness of arbitration as regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The method employed is normative juridical research with a statutory and conceptual approach. The findings indicate that arbitration offers significant advantages as a dispute resolution mechanism, but challenges remain, particularly in enforcing arbitral awards and in the resistance of losing parties. Therefore, stronger regulation and consistent judicial enforcement are required to ensure arbitration becomes a truly effective dispute resolution mechanism in Indonesia. Keywords: Arbitration, Alternative Dispute Resolution, Civil Law, Effectiveness
PERLINDUNGAN HUKUM DALAM EQUITY CROWDFUNDING TERHADAP PEMODAL (PERBANDINGAN INDONESIA DAN AMERIKA SERIKAT)
This article discusses Equity Crowdfunding (ECF) and Security Crowdfunding (SCF in Indonesia, as well as legal protection for investors in the context of violations that occurred at PT Santara Daya Inspiratama. Crowdfunding, as a method of raising funds through online platforms, allows business owners to invite the public to invest in their project. However, the PT Santara case shows a violation of regulations regulated in POJK Number 57 of 2020, where the OJK imposed sanctions because the company did not fulfill its legal protection obligations Investors in Indonesia are regulated by various regulations, but they still need to be strengthened, especially in terms of transparency and clarity of information. Apart from that, this article also discusses ECF regulations in the United States which are regulated by the JOBS Act and Regulation CF, which provide more comprehensive protection for investors. including strict sanctions for violations While the two countries have different approaches to the regulation of equity crowdfunding, it is important for both to continue to refine the regulatory framework, with a focus on investor protection and investor education, to ensure the responsible growth of crowdfunding. Keywords: Equity Crowdfunding, Security crowdfunding, Legal protection, Indonesia, Amerika.
Analisis Hukum Legalitas Penggunaan Cryptocurrency Sebagai Mata Uang Di Indonesia
This research aimed to analyze how legal policies in Indonesia regulate the use of cryptocurrency, and what obstacles are faced in law enforcement related to the use of cryptocurrency in Indonesia.This type of research is normative, namely this research is conducted by examining and analyzing secondary data with primary, secondary and tertiary legal materials from literature in the form of literature and legislation.The results of this research indicate that the use of cryptocurrency in Indonesia is still regulated by policies that tend to be conservative or even restrictive, especially in the prohibition of use as a means of payment according to Bank Indonesia. The barriers to law enforcement related to cryptocurrency include lack of understanding and education, technological challenges such as anonymity, as well as the risk of fraud and cybercrime. Keywords: Legality; Cryptocurrency; Indonesia
Tinjauan Yuridis Pelaksanaan Terhadap Program Pendaftaran Tanah Sistematis Lengkap (Ptsl) Di Wilayah Kab. Tojo Una-Una
The Complete Systematic Land Registration (PTSL) program is a national strategic initiative aimed at ensuring legal certainty over land ownership rights for citizens. This study seeks to examine the implementation of the PTSL program in Tojo Una-Una Regency and to identify the factors that hinder its execution. The research employs an empirical juridical method with a descriptive qualitative approach, utilizing primary data from interviews and secondary data from statutory regulations. The findings indicate that the PTSL program in Tojo Una-Una has been implemented from 2017 to 2022, resulting in the issuance of 32,784 land certificates. However, several obstacles have been encountered, including a lack of public understanding, incomplete land history data, absentee land ownership, as well as challenges in installing land boundary markers and applying the principle of contradictory delimitation. Effective collaboration between the National Land Agency (BPN) and the local government is a key factor in addressing these challenges. Keywords: PTSL, Land Certificate, Agrarian Law, Legal Certainty
Upaya Penanggulangan Terhadap Pelaku Tindak Pidana Penipuan Investasi Bodong Advance Global Technology
The development of information and communication technology has made the world that started from simplicity now become a life that is categorized as modern, information and communication technology has become an aspect of human life activities such as the internet, smartphones, computers, and with the presence of sophistication in information and communication technology, people are increasingly improving communication, this comes from social media, such as Facebook, Line, Instagram, WhatsApp and Telegram. The specifications used in this study are analytical descriptive research which is a study to describe and analyze existing problems and is included in the type of library research which will be presented descriptively. This analytical descriptive writing is intended to describe, describe, discuss and explain precisely and clearly about the criminal act of Fraudulent Investment. In relation to law enforcement, in this case, it must first be known what is the legal basis for law enforcement, related to law enforcement against investment actors in Indonesia in this case, it has been regulated in Law Number 21 of 2011 concerning the Financial Services Authority (OJK Law). Law enforcement in a country aims to provide the purpose of the formation of the law itself in a country. Keywords: Fraudulent Investment and Prevention.