Journal of Law, Social Science and Humanities https://myjournal.or.id/index.php/JLSSH <p>Journal of Law, Social Science and Humanities is the Yayasan Pendidikan Belajar Berdikari, Indonesia, which exclusively publishes all papers in the English language. It is a refereed journal, all published papers were under a double-blind peer review by academics and experts in the field. E-ISSN <a href="https://issn.brin.go.id/terbit/detail/20240108521253644" target="_blank" rel="noopener">3032-0135</a>.<br />All types of manuscripts, from law, social science, and humanities, empirical, to doctrinal will be considered for publication. This publication encourages empirical and cross-disciplinary areas of law, social science, and humanities. Review Issues are published 6 issues in a year. These issues include widely read and widely cited collections of articles in the field of law, social science, and humanities. The Review Issues cover a broad range of topics from a wide range of academic disciplines, methodologies, and theoretical paradigms.</p> <p>Index Journal: </p> <table width="100%"> <tbody> <tr> <td><a href="https://scholar.google.com/citations?hl=id&amp;user=MfTQ_G8AAAAJ&amp;view_op=list_works&amp;sortby=pubdate" target="_blank" rel="noopener"><img src="https://ejournal.itbwigalumajang.ac.id/public/site/images/admojswiga2017/02-gs.jpg" alt="" width="155" height="55" /></a></td> <td><a href="https://journals.indexcopernicus.com/search/details?id=129717" target="_blank" rel="noopener"><img src="https://myjournal.or.id/public/site/images/admin/01.-ici.jpg" alt="" width="155" height="55" /></a></td> <td><img src="https://ejournal.itbwigalumajang.ac.id/public/site/images/admojswiga2017/11.-dimensions.jpg" alt="" width="155" height="55" /></td> <td><img src="https://myjournal.or.id/public/site/images/admin/crossref.jpg" alt="" width="155" height="54" /></td> </tr> </tbody> </table> en-US Thu, 02 Jul 2026 19:03:41 +0000 OJS 3.3.0.12 http://blogs.law.harvard.edu/tech/rss 60 EFFECTIVENESS OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CRIMINAL ACTS OF ASSAULT IN THE CRIMINAL RESEARCH UNIT OF THE DENPASAR CITY POLICE RESORT https://myjournal.or.id/index.php/JLSSH/article/view/612 <p>The mechanisms and procedures for implementing restorative justice regarding assault cases at the Criminal Investigation Unit of the Denpasar City Police are carried out in accordance with Chapter IV (Articles 79 through 88) of Law No. 20 of 2025 concerning the Criminal Procedure Code. The application of restorative justice in resolving assault cases has proven quite effective and serves as a priority for case resolution, in line with the guidelines set forth in Indonesian National Police Regulation No. 8 of 2021. This approach has successfully accelerated case resolution, restored the relationship between the victim and the perpetrator, and reduced the burden on the criminal justice system, although its implementation relies heavily on the parties reaching a peace agreement. Key indicators of success (effectiveness) include: (a) rapid case resolution, (b) restoration of the victim's rights, and (c) system efficiency.</p> Erikson Sihotang, Rustam Arahman, Komang Edy Dharma Saputra Copyright (c) 2026 Erikson Sihotang, Rustam Arahman, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/612 Fri, 10 Jul 2026 00:00:00 +0000 THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST ONLINE FRAUD CRIMES AT THE CRIMINAL INVESTIGATION UNIT OF THE DENPASAR CITY POLICE https://myjournal.or.id/index.php/JLSSH/article/view/638 <p>The rapid development of information technology has significantly transformed various aspects of social and economic activities, particularly through electronic transactions. However, these advancements have also contributed to the increasing prevalence of cybercrime, especially online fraud. The sophisticated modus operandi, use of fake identities, fraudulent bank accounts, and digital platforms have complicated criminal investigations and law enforcement efforts.This study aims to analyze the implementation of law enforcement against online fraud by the Criminal Investigation Unit of Denpasar Metropolitan Police and to identify factors affecting its effectiveness. The research employs an empirical legal method with an empirical juridical approach. Primary data were collected through interviews with investigators, while secondary data were obtained from legislation, legal literature, and scientific journals. Data were analyzed qualitatively.The findings indicate that law enforcement has generally been implemented in accordance with the Indonesian Criminal Code, the Criminal Procedure Code, Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law, and Law Number 2 of 2002 concerning the Indonesian National Police. Nevertheless, its effectiveness is constrained by difficulties in tracing perpetrators, limited digital forensic facilities, inadequate public digital literacy, and the complexity of electronic evidence. Improving investigators' competence, strengthening digital forensic infrastructure, enhancing inter-agency cooperation, and increasing public awareness are essential to improve the effectiveness of law enforcement against online fraud.</p> I Nyoman Wiranata, Ni Ketut Wiratny, Sobandi Copyright (c) 2026 I Nyoman Wiranata, Ni Ketut Wiratny, Sobandi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/638 Fri, 31 Jul 2026 00:00:00 +0000 Implementation of Good Governance Principles at the Bali Province Forestry Agency https://myjournal.or.id/index.php/JLSSH/article/view/660 <p>Good governance is a fundamental principle for achieving government administration that is effective, efficient, transparent, accountable, and oriented toward public service. As the regional agency authorized to manage forest areas, the Bali Province Forestry Office bears the responsibility of applying these principles in the execution of its governmental duties. However, in practice, various issues persist—particularly regarding the discipline of State Civil Apparatus (ASN) personnel, low employee attendance rates, and the suboptimal implementation of good governance principles in public service delivery.This study aims to analyze the enforcement of discipline among State Civil Apparatus personnel at the Bali Province Forestry Office, as well as the mechanisms and impact of applying good governance principles on the agency's administration. The study employs a normative legal research method supported by empirical data, utilizing both statutory and conceptual approaches.The research findings indicate that the enforcement of ASN discipline adheres to Government Regulation Number 94 of 2021 concerning Civil Servant Discipline and Bali Governor Regulation Number 16 of 2025 regarding working days and hours. The implementation of good governance principles is manifested through service transparency, accountability in task execution, public participation, service effectiveness, and law enforcement in forest area management. The application of these principles has positively impacted the quality of public services, the professionalism of the apparatus, and the optimization of forest area protection in Bali Province.</p> Gede Wahyu Artanto, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Gede Wahyu Artanto, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/660 Tue, 08 Sep 2026 00:00:00 +0000 Digital Government Communication Strategis for Enhancing Public Service Delivery https://myjournal.or.id/index.php/JLSSH/article/view/601 <p>The accelerating digitalization of public administration has fundamentally transformed the nature of government communication and public service delivery. Governments worldwide are deploying digital communication strategies to bridge the gap between administrative efficiency and citizen expectations, yet significant disparities persist across governance contexts in terms of adoption, effectiveness, and inclusivity. This study investigates the digital government communication strategies employed by public agencies to enhance service delivery, identifies key determinants of strategy effectiveness, and proposes an integrative framework for optimizing digital government communication in diverse governance contexts.A mixed-methods approach was employed, integrating a systematic literature review of 87 peer-reviewed articles (2019–2025), a quantitative survey of 412 civil servants and 618 citizens across five regions, and qualitative in-depth interviews with 24 senior government communication officials. Data were analyzed using thematic analysis, descriptive statistics, and Structural Equation Modeling (SEM-PLS). Four dominant digital communication strategy clusters were identified: Omnichannel Integration (β = 0.521, p &lt; 0.001), Data-Driven Personalization (β = 0.448, p &lt; 0.001), AI-Powered Citizen Engagement (β = 0.396, p &lt; 0.01), and Transparency and Open Data Governance (β = 0.361, p &lt; 0.01). Digital trust emerged as the strongest mediator (β = 0.487) between strategy implementation and perceived service delivery quality. Digital literacy gaps, institutional resistance, and infrastructure inequality were identified as the primary barriers.Effective digital government communication requires a holistic, citizen-centric, and trust-building approach that integrates technology, institutional reform, and inclusive design principles. The proposed DACE (Digital–Accessible–Collaborative–Evidence-based) Framework provides actionable guidance for governments seeking to leverage digital communication for sustainable public service transformation.</p> Nasaruddin Siregar, Sari Endah Nursyamsi Copyright (c) 2026 Nasaruddin Siregar, Sari Endah Nursyamsi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/601 Thu, 02 Jul 2026 00:00:00 +0000 HOW IS THE SOCIAL REINTEGRATION OF DRUG USERS SUPERVISED AFTER REHABILITATION AT THE TANAH MERAH SAMARINDA BNN REHABILITATION CENTER https://myjournal.or.id/index.php/JLSSH/article/view/622 <p>This article discusses the social reintegration supervision of narcotic drug users post-rehabilitation at the Tanah Merah BNN Rehabilitation Center in Samarinda. Drug abuse is an extraordinary crime that not only damages the physical and mental health of its users but also triggers an increase in societal crime rates. Criminologically, individuals fall into drug abuse due to the interaction of various complex factors. This issue is a primary focus of this study, considering that the East Kalimantan region, including the area surrounding Samarinda, is vulnerable to cross-border illicit drug trafficking routes. The high prevalence of drug abusers is directly proportional to the need for comprehensive rehabilitation measures. As the frontline state institution in the region, the Tanah Merah BNN Rehabilitation Center plays a crucial role in breaking the chain of addiction through medical and social rehabilitation programs, extending to post-rehabilitation and the social reintegration process.</p> Joni Sasmito, Anastasya Maharani, Gladice Olivia Maulida Makasau, Rika Julianti Copyright (c) 2026 Joni Sasmito, Anastasya Maharani, Gladice Olivia Maulida Makasau, Rika Julianti https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/622 Thu, 09 Jul 2026 00:00:00 +0000 Legal Protection for Consumers Against Illegal Online Lending Practices: A Normative-Empirical Study in West Java, Indonesia https://myjournal.or.id/index.php/JLSSH/article/view/646 <p>The rapid growth of financial technology has given rise to illegal online lending practices that operate outside the supervision of the Financial Services Authority, causing significant harm to cons umers in West Java, one of the provinces with the highest number of reported illegal fintech lending complaints in Indonesia. This study aims to analyze the legal protection available to consumers affected by illegal online lending practices and to examine the effectiveness of law enforcement against such practices in West Java. Using a normative-empirical legal research method combining statutory analysis with field interviews and case documentation from the West Java OJK Regional Office and the West Java Regional Police, this study finds that although Indonesia has established a regulatory framework through Law No. 8 of 1999 on Consumer Protection, OJK Regulation No. 10/POJK.05/2022, and the Personal Data Protection Law (Law No. 27 of 2022), enforcement remains weak due to limited digital forensic capacity, the cross-jurisdictional nature of illegal lending applications, and low legal literacy among victims. The study recommends strengthening inter-agency coordination, accelerating digital-based law enforcement mechanisms, and intensifying legal literacy programs for the public in West Java.</p> Obsatar Sinaga, Muhammad Yusuf, Deni Ramdani Copyright (c) 2026 Obsatar Sinaga, Muhammad Yusuf, Deni Ramdani https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/646 Sat, 15 Aug 2026 00:00:00 +0000 Legal Protection of Consumers' Personal Data in E-Commerce Transactions: A Normative Analysis of Indonesian Regulation and the Liability of E-Commerce Providers https://myjournal.or.id/index.php/JLSSH/article/view/671 <p>The rapid growth of electronic commerce (e-commerce) in Indonesia has made consumers' personal data a valuable asset that is routinely collected, stored, and transferred by business actors, and has also exposed it to leakage, hacking, and misuse. This article examines (1) the legal protection of consumers' personal data in e-commerce transactions and (2) the liability of e-commerce providers when such data are leaked. Using a normative legal research method with a statute approach and a policy-oriented approach, the study analyses primary legal materials, namely Law No. 8 of 1999 on Consumer Protection and Law No. 27 of 2022 on Personal Data Protection, together with the Electronic Information and Transactions Law, Government Regulation No. 80 of 2019, and secondary legal materials. The analysis is descriptive, interpretative, evaluative, and argumentative. The findings show that protection is layered, combining general consumer law, electronic transaction law, and the Personal Data Protection Law, with both preventive and repressive characteristics. Before Law No. 27 of 2022, sectoral rules were fragmented and lacked clear sanctions. Liability of providers can be constructed through default, unlawful acts under Article 1365 of the Civil Code, the compensation mechanism in Article 19 of the Consumer Protection Law, and the accountability duties of electronic system operators. The study concludes that the Personal Data Protection Law strengthens legal certainty, but effective protection depends on consistent enforcement, robust internal data governance by providers, and greater consumer awareness.</p> Tandyo Budi Revita, Ni Ketut Wiratny, Erikson Sihotang Copyright (c) 2026 Tandyo Budi Revita, Ni Ketut Wiratny, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/671 Thu, 01 Oct 2026 00:00:00 +0000 CONFLICT BETWEEN CUSTOMARY LAW AND HUMAN RIGHTS (HAM) IN THE IMPLEMENTATION OF THE KASEPEKANG SANCTIONS (EXCLUDING AS A CUSTODY/REVOCATION OF CUSTODY RIGHTS) IN BANJAR TRADITIONAL SENTAL KANGIN, PED VILLAGE, NUSA PENIDA DISTRICT, KLUNGKUNG REGENCY https://myjournal.or.id/index.php/JLSSH/article/view/610 <p>Indonesia is a constitutional state that upholds the protection of human rights as mandated by the 1945 Constitution of the Republic of Indonesia. At the same time, the Constitution recognizes the existence of customary law communities along with their traditional rights as long as they remain alive and are consistent with societal development and the principles of the Unitary State of the Republic of Indonesia. Consequently, the implementation of customary law must remain consistent with human rights principles. One form of customary sanction still applied in Balinese customary communities is kasepekang, namely social exclusion or revocation of customary rights imposed upon community members who violate customary regulations (awig-awig).This study aims to analyze the legal position of kasepekang sanctions within the Balinese customary legal system and their recognition under Indonesian national law, as well as to examine the conflict between the implementation of kasepekang sanctions and human rights principles. This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed qualitatively.The study concludes that the constitutional recognition of customary sanctions is guaranteed under Article 18B paragraph (2) of the 1945 Constitution and Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages. Nevertheless, the implementation of customary sanctions must not violate constitutional rights guaranteed under Law Number 39 of 1999 concerning Human Rights. Sanctions resulting in discrimination, social exclusion, restrictions on religious freedom, denial of customary services, and unequal treatment before the law constitute violations of human rights principles. Therefore, harmonization between customary law and human rights protection is necessary through strengthening fair customary dispute resolution mechanisms.</p> Komang Edy Kariarta Bun, Erikson Sihotang, I Nyoman Suandika Copyright (c) 2026 Komang Edy Kariarta Bun, Erikson Sihotang, I Nyoman Suandika https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/610 Fri, 10 Jul 2026 00:00:00 +0000 THE ROLE OF THE TRADITIONAL VILLAGE IN THE DEVELOPMENT OF MATAHARI TERBIT BEACH, SANUR, DENPASAR CITY https://myjournal.or.id/index.php/JLSSH/article/view/636 <p>Matahari Terbit Beach in Sanur is one of the strategic coastal areas in Denpasar City serving economic, social, cultural, religious, and tourism functions. Rapid tourism development has significantly affected coastal spatial planning, requiring governance capable of balancing development, environmental preservation, and the protection of customary values. The Traditional Village (Desa Adat), as a customary law community institution in Bali, possesses authority derived from traditional rights recognized under Indonesian national law and Balinese customary law. This research aims to examine the authority of the Traditional Village in managing Matahari Terbit Beach and to identify the obstacles encountered in its implementation.This study employed an empirical legal research method using statutory, conceptual, and sociological approaches. Data were collected through literature studies, field observations, and interviews with customary village authorities and relevant government institutions. Data were analyzed using qualitative descriptive methods.The findings indicate that the Sanur Traditional Village plays a strategic role in regulating sacred zones, community economic areas, fishermen's zones, tourism areas, and environmental conservation based on the philosophy of Tri Hita Karana. This authority is exercised through cooperation with the Denpasar City Government, the Bali Provincial Government, the Traditional Village-Owned Enterprise (BUMDA), and active community participation. However, implementation still faces several challenges, including increasing tourism activities, spatial changes caused by the development of Sanur Harbor, limited inter-agency coordination, inadequate management of street vendors, insufficient public facilities, and the lack of synchronization between development policies and customary interests. Therefore, strengthening legal regulations, institutional coordination, and community participation is essential to achieve sustainable coastal management.</p> A.A. Ngurah Sutrisnawan, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 A.A. Ngurah Sutrisnawan, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/636 Fri, 31 Jul 2026 00:00:00 +0000 Law Enforcement Against Personal Data Hacking Offenses by the Cyber Investigation Directorate of the Bali Regional Police https://myjournal.or.id/index.php/JLSSH/article/view/658 <p>The rapid development of information technology has not only transformed people's lifestyles but has also triggered the evolution of conventional crime into modern forms of cybercrime, one of which is the crime of hacking personal data. This study aims to analyze the effectiveness of law enforcement against the crime of hacking personal data by the Bali Regional Police Cyber ​​Investigation Directorate and identify the obstacles faced in the enforcement process. The research method used is empirical juridical with a statutory, conceptual, and case approach, where data collection was carried out through literature studies and in-depth interviews with internal parties of the Bali Regional Police Cyber ​​Investigation Directorate. The results of the study indicate that law enforcement against the crime of hacking personal data from 2024 to May 2026 in the jurisdiction of the Bali Regional Police has been implemented in an integrated manner through a repressive, pro-justicia and preventive approach, which is reflected in the decreasing trend in the number of reports from 18 reports (2024), 9 reports (2025), to 2 reports (May 2026). The majority of cases are resolved through the Investigation Termination Order (SP3). However, the investigation process still faces complex obstacles due to the cross-border nature of the crime, the anonymity of perpetrators who utilize VPN and proxy technology, the placement of servers abroad, and the low level of legal awareness among the public regarding protecting their personal data. Continuous strengthening of the legal structure, substance, and culture, along with cross-sectoral and international cooperation, are key determinants for optimizing legal protection for the public's personal data.&nbsp;&nbsp;&nbsp;</p> Putu Pradnyamita Setianingtyas, Sobandi, I Made Mulyawan Subawa Copyright (c) 2026 Putu Pradnyamita Setianingtyas, Sobandi, I Made Mulyawan Subawa https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/658 Tue, 08 Sep 2026 00:00:00 +0000 EFFECTIVENESS OF LAW ENFORCEMENT AGAINST MOTOR VEHICLE THEFT (CURANMOR) IN THE JURISDICTION OF THE BADUNG RESORT POLICE https://myjournal.or.id/index.php/JLSSH/article/view/618 <p>The crime of theft arises from disparities in the ownership of essential goods; a lack of necessities and a lack of ownership tend to drive individuals toward deviant behavior (theft). Theft can be committed in various ways, ranging from traditional methods to modern techniques involving sophisticated tools and cunning tactics. Such incidents are widespread and often evade legal prosecution. Theft often hinges on timing, with perpetrators carefully selecting the opportune moment to carry out their actions; notably, incidents of theft are particularly frequent during the night. Regarding the facts of theft, there has been a year-on-year decline in motor vehicle theft cases in Badung Regency. This decrease indicates the effectiveness of police law enforcement efforts, achieved through both restorative justice mechanisms and the court system. There are two categories of obstacles: a. Internal obstacles, and b. External obstacles.</p> I Kadek Jaya Sadhu, Erikson Sihotang, Kadek Dedy Suryana Copyright (c) 2026 I Kaddek Jaya Sadhu, Erikson Sihotang, Kadek Dedy Suryana https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/618 Fri, 10 Jul 2026 00:00:00 +0000 A JURIDICAL REVIEW OF THE CRIMINAL OFFENSE OF NARCOTICS ABUSE BY MINORS UNDER LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS, IN CONJUNCTION WITH LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE AND LAW NUMBER 11 OF 2012 CONCERNING THE JUVENILE CRIMINAL https://myjournal.or.id/index.php/JLSSH/article/view/643 <p>Drug abuse involving minors has become an increasingly complex legal issue because it concerns not only criminal law enforcement but also the protection of children's rights as a vulnerable group. In Indonesia, the legal regulation of juvenile narcotics abuse is governed by Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and Law Number 1 of 2023 concerning the Indonesian Criminal Code. The coexistence of these regulations has created normative disharmony, particularly between the punitive approach under the Narcotics Law and the restorative justice approach promoted by the Juvenile Criminal Justice System Law.This research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, legal doctrines, scientific journals, and the Decision of the Amlapura District Court Number 2/Pid.Sus-Anak/2023/PN Amp.The findings indicate that legal enforcement against juvenile narcotics offenders has not yet achieved legal certainty due to conflicting legal norms. Punitive sanctions continue to dominate judicial practice, often overlooking the principle of the best interests of the child. Therefore, harmonization of legislation is necessary by prioritizing the Juvenile Criminal Justice System Law as the principal legal framework in handling juvenile narcotics cases through rehabilitation, diversion, and restorative justice.</p> I Made Kadek Arta, Erikson Sihotang, I Nyoman Suandika Copyright (c) 2026 I Made Kadek Arta, Erikson Sihotang, I Nyoman Suandika https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/643 Fri, 31 Jul 2026 00:00:00 +0000 Legal Protection Of Bank Customers Through The Deposit Insurance Corporation (Lps): A Normative Analysis Of Deposit Guarantee Regulation In Indonesia https://myjournal.or.id/index.php/JLSSH/article/view/669 <p>The stability of the banking sector is closely tied to public trust, which in turn depends on legal certainty in the regulation and supervision of banks, including the guarantee of customer deposits. Indonesia experienced this reality first-hand during the 1997–1998 monetary crisis, when the collapse of public confidence forced the government to issue a blanket guarantee that later proved fiscally unsustainable and prone to moral hazard. This condition led to the enactment of Law No. 24 of 2004 concerning the Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS), later reinforced by Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector. This article addresses two problems: first, the form of legal protection provided to bank customers by the LPS, and second, the regulation of the maximum value of guaranteed deposits. Using normative legal research with statutory and conceptual approaches, this study finds that LPS protection operates through both implicit protection (prudential supervision and regulation of banking operations) and explicit protection (a dedicated deposit guarantee scheme subject to the “3T” requirements: recorded, non-excessive interest rate, and no unlawful act causing loss to the bank). The study also finds a normative inconsistency between Article 11(1) of Law No. 24 of 2004, which sets the guarantee ceiling at Rp100,000,000, and Government Regulation No. 66 of 2008, which raised it to Rp2,000,000,000 without amending the parent law. Based on the principle of lex superior derogat legi inferiori, this inconsistency creates a degree of legal uncertainty that should be resolved through a formal amendment of the Law itself. The article concludes that while the LPS has substantially strengthened depositor protection and financial system stability in Indonesia, harmonization of the guarantee-ceiling provisions is necessary to ensure full legal certainty for depositors.</p> Temmy Adhi, Ni Ketut Wiratny, Erikson Sihotang Copyright (c) 2026 Temmy Adhi, Ni Ketut Wiratny, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/669 Thu, 01 Oct 2026 00:00:00 +0000 EFFECTIVENESS OF IMPLEMENTING CLOSE QUARTERS BATTLE (CQB) TACTICS OF THE MOBILE BRIGADE CORPS OF THE REPUBLIC OF INDONESIA POLICE IN FACING THE THREAT OF CRIME IN URBAN AREAS https://myjournal.or.id/index.php/JLSSH/article/view/607 <p>The Mobile Brigade Corps (Brimob) of the Indonesian National Police is a specialized tactical unit responsible for handling high-risk security threats, including terrorism, hostage rescue, armed crime, and urban security disturbances. One of its primary tactical capabilities is Close Quarters Battle (CQB), a close-combat strategy designed for operations within confined spaces such as buildings, residential areas, commercial centers, and strategic national facilities. As urban crime continues to evolve in both complexity and intensity, the effectiveness of CQB implementation has become increasingly significant in supporting law enforcement while ensuring compliance with the rule of law and the protection of human rights.This research aims to analyze the legal framework governing the implementation of Close Quarters Battle tactics by the Indonesian National Police Mobile Brigade Corps in responding to urban criminal threats and to identify the obstacles encountered during its implementation. This study employs normative legal research using statutory, conceptual, and analytical approaches.The research concludes that the implementation of CQB tactics has a solid legal basis under Law Number 2 of 2002 concerning the Indonesian National Police, Chief of Police Regulation Number 1 of 2009 concerning the Use of Force in Police Actions, and various internal operational regulations of the Mobile Brigade Corps. Nevertheless, its implementation continues to face several challenges, including limited facilities and infrastructure, increasingly sophisticated criminal methods, the need for continuous personnel training, inter-agency coordination, and the obligation to uphold human rights principles during tactical operations.</p> Erikson Sihotang, I Made Adi Winarta, Komang Edy Dharma Saputra Copyright (c) 2026 Erikson Sihotang, I Madee Adi Winarta, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/607 Fri, 10 Jul 2026 00:00:00 +0000 LEGAL PROTECTION OF MARKETPLACE USERS' PERSONAL DATA FROM THE PERSPECTIVE OF THE PERSONAL DATA PROTECTION LAW https://myjournal.or.id/index.php/JLSSH/article/view/634 <p>The rapid growth of online marketplaces in Indonesia has made the collection and processing of consumers' personal data an integral part of everyday commerce, encompassing identity information, payment and financial details, delivery addresses, transaction history, and behavioural data used for targeted advertising. This large-scale accumulation of personal data by marketplace platforms creates significant exposure to misuse, unauthorised disclosure, and security breaches, as illustrated by well documented incidents affecting major Indonesian e-commerce platforms. This article examines the legal protection afforded to marketplace users' personal data under Law Number 27 of 2022 concerning Personal Data Protection (UU PDP), Indonesia's first comprehensive, cross-sectoral data protection statute. Using a normative juridical method with statutory, conceptual, and case-based approaches, this study analyses how the UU PDP's data subject rights, controller and processor obligations, breach notification requirements, and administrative and criminal sanctions apply to the marketplace context, and evaluates these protections against the classical Indonesian legal-protection theory distinguishing preventive from repressive protection. The study finds that the UU PDP substantially strengthens the legal position of marketplace users by, for the first time, imposing an explicit, time-bound breach notification duty, requiring a documented lawful basis and, in most cases, explicit consent for processing, and creating both administrative sanctions enforceable by a dedicated supervisory authority and criminal penalties for unlawful collection, disclosure, use, or falsification of personal data. At the same time, the study identifies persisting gaps in practical protection, including the continuing prevalence of take-it-or-leave-it consent mechanisms embedded in marketplace terms of service, extensive and often opaque data sharing with third-party logistics, payment, and advertising partners, unresolved questions concerning cross-border transfer of user data to overseas cloud infrastructure, andthe still-developing institutional capacity of Indonesia's Personal Data Protection Supervisory Authority. The article concludes that effective protection of marketplace users' personal data requires not only continued reliance on the UU PDP's civil, administrative, and criminal mechanisms but also sector-specific implementing regulation for electronic commerce and strengthened institutional enforcement capacity.</p> Robinson Bhayangkara, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Robinson Bhayangkara, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/634 Wed, 29 Jul 2026 00:00:00 +0000 Legal Analysis of Land Disputes Involving the Circumvention of Law in Land Sale and Purchase Transactions https://myjournal.or.id/index.php/JLSSH/article/view/656 <p>Land is a strategic resource holding significant economic, social, cultural, and legal value; consequently, legal certainty regarding land rights is of paramount importance. In practice, disputes over land ownership rights frequently arise from the circumvention of the law during land sale and purchase transactions—such as the use of private deeds (*akta di bawah tangan*), document forgery, the use of nominees, or the transfer of rights without adhering to statutory procedures. Such conditions not only cause losses to the parties involved but also undermine legal certainty and erode public trust in Indonesia's land administration system.This study aims to analyze the implementation of land ownership dispute resolution based on statutory regulations and to identify the obstacles encountered during this process. It employs a normative legal research method supported by an empirical approach, utilizing statutory, conceptual, and field-based approaches. Data were analyzed qualitatively through a combination of literature review, interview results, and empirical data.The research findings indicate that a sufficient legal basis for land dispute resolution already exists, comprising Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, the Civil Code, Government Regulation Number 24 of 1997 concerning Land Registration, and various other implementing regulations. However, implementation in the field faces numerous obstacles, including weak land administration, "land mafia" activities, low public legal awareness, suboptimal inter-agency coordination, and the continued circumvention of the law in land transactions. Therefore, regulatory harmonization, the digitalization of land administration, enhanced professionalism among law enforcement officials, and increased public legal awareness are essential to ensure legal certainty and legal protection regarding land rights.</p> Nyoman Arya Merta, Ni Ketut Wiratny, I Nyoman Suandika Copyright (c) 2026 Nyoman Arya Merta, Ni Ketut Wiratny, I Nyoman Suandika https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/656 Tue, 08 Sep 2026 00:00:00 +0000 Analysis of Government Legitimacy Through Hoax Handling by the Department of Communication and Informatics of West Java Province https://myjournal.or.id/index.php/JLSSH/article/view/679 <p>The increasing spread of hoaxes in West Java shows that addressing disinformation remains a challenge in public information management. Although the Government of West Java Province, through the Department of Communication and Informatics, has established Jabar Saber Hoaks as an official channel for information clarification, its contribution to building public trust and strengthening government legitimacy still needs to be examined. This study analyzes government legitimacy through hoax handling using a rational-legal legitimacy perspective, which includes bureaucratic rationality, procedural legitimacy, public trust, and institutional transparency. Data were collected through interviews, observation, and documentation involving nine informants consisting of the Head of the Department of Communication and Informatics of West Java Province, the Head of Public Information and Communication Division, two Jabar Saber Hoaks staff members, and five members of the public. The results show that the legitimacy of the Government of West Java Province through hoax handling has been established relatively well. This is reflected in systematic division of tasks and coordination, the implementation of fact-based verification procedures, public trust in the information provided by Jabar Saber Hoaks, and information transparency through various communication and reporting channels. The government's communication strategy also supports institutional transparency through the use of various digital platforms, simplified information presentation, and the provision of opportunities for public interaction. However, hoax handling still faces several challenges, including the rapid flow of information, developments in digital technology, the complexity of verification processes, limitations in field investigation, uneven publication reach, and varying levels of digital literacy among the public. The efforts undertaken include strengthening collaboration, improving human resource capacity, developing digital communication strategies, and promoting digital literacy. This study concludes that hoax handling is one form of government function that contributes to the formation and maintenance of the legitimacy of the Government of West Java Province in the digital environment</p> Muhammad Riyadh Abdillah, Desy Miranti Copyright (c) 2026 Muhammad Riyadh Abdillah, Desy Miranti https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/679 Tue, 06 Oct 2026 00:00:00 +0000 LAW ENFORCEMENT OF ONLINE FRAUD CRIMINAL ACTS IN OBTAINING VICTIMS' MONEY IN THE JURISDICTION OF THE BALI REGIONAL POLICE https://myjournal.or.id/index.php/JLSSH/article/view/616 <p>Regarding the recovery of funds for victims of online fraud within the jurisdiction of the Bali Regional Police, the matter is handled by the Cyber Crime Investigation Directorate (Ditres Siber). Funds cannot be automatically recovered by the police; instead, recovery occurs through legal proceedings, the freezing of bank accounts, or compensation settlements reached via restorative justice mediation. The steps required to process a report and recover losses are: 1. Initiate an initial account freeze. 2. Report the incident to the Bali Regional Police—specifically the Cyber Crime Investigation Directorate—so that the case can be pursued criminally. 2. Challenges faced by the police in handling online fraud cases include both internal and external obstacles.</p> Ni Kadek Intan Sukma Primadini, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Ni Kadek Intan Sukma Primadini, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/616 Fri, 10 Jul 2026 00:00:00 +0000 POSSIBILITY OF RECONSIDERATION OF CONSTITUTIONAL COURT DECISIONS https://myjournal.or.id/index.php/JLSSH/article/view/641 <p>A key characteristic of a constitution in any country is the final and binding nature of its rulings. This characteristic also applies to the Constitutional Court of the Republic of Indonesia. Article 24C, paragraph (1) of the 1945 Constitution stipulates that the Constitutional Court has the authority to adjudicate at the first and final instance—with rulings that are final—on matters such as reviewing laws against the Constitution, resolving disputes over the authority of state institutions whose powers are granted by the Constitution, deciding on the dissolution of political parties, and resolving disputes regarding general election results. This study employs normative legal research, utilizing statutory, conceptual, historical, and comparative approaches. The legal materials used comprise primary, secondary, and tertiary sources. Data collection was conducted through document study, and the analysis was descriptive-analytical in nature.The research findings indicate that, from a normative perspective, a request for a judicial review (re-examination) of a Constitutional Court ruling is not permissible. Article 47 of the Constitutional Court Law affirms that the Court's rulings are final and binding from the moment they are pronounced in a plenary session open to the public; the elucidation of Article 10, point (1) further clarifies that "final and binding" means no further legal recourse is available. Furthermore, Constitutional Court Regulation Number 06/PMK/2005 concerning Procedural Guidelines for Judicial Review Cases makes no provision for such a re-examination process.</p> I Nyoman Suandika, H Nurianto RS, I Putu Agus Setiawan Copyright (c) 2026 I Nyoman Suandika, H Nurianto RS, I Putu Agus Setiawan https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/641 Fri, 31 Jul 2026 00:00:00 +0000 Legal Protection for Creditors in Credit Agreements Secured by Fiduciary Security When the Collateral Is Lost https://myjournal.or.id/index.php/JLSSH/article/view/667 <p>Fiduciary security lets a debtor keep using the collateral while the creditor holds a preferential security right. This makes the arrangement efficient, but it exposes the creditor to the risk that the collateral is lost, stolen, destroyed or transferred. This article examines (1) the legal liability of the debtor in a credit agreement secured by fiduciary security when the collateral is lost, and (2) the legal protection available to the creditor. The study is normative juridical research using statute and conceptual approaches. Primary legal materials (Law No. 42 of 1999 on Fiduciary Security, Law No. 4 of 1996 on Mortgage Rights and the Indonesian Civil Code) and secondary and tertiary materials were collected through library research and analysed descriptively, interpretively, evaluatively and argumentatively. The findings show that the loss of the collateral extinguishes the fiduciary security but not the principal debt, because fiduciary security is accessory to the credit agreement. The debtor therefore remains obliged to repay the debt and is also liable for damages if the loss results from the debtor’s fault, whereas a loss caused by force majeure releases the debtor from damages under Articles 1244–1245 of the Civil Code. The creditor loses the executorial title over the object and becomes, in effect, a concurrent creditor over the debtor’s general assets under Articles 1131–1132. Protection then relies mainly on insurance claims, a default lawsuit and conservatory attachment. Preventive protection through notarial deeds, registration and insurance remains the most effective safeguard.</p> Widi Widodo, Ni Ketut Wiratny, Erikson Sihotang Copyright (c) 2026 Widi Widodo, Ni Ketut Wiratny, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/667 Wed, 30 Sep 2026 00:00:00 +0000 LEGAL ANALYSIS OF THE PREVENTIVE AUTHORITY OF THE POLICE'S DENSUS 88 ANTI-TERROR IN COMBATING TERRORISM CRIMINAL ACTS https://myjournal.or.id/index.php/JLSSH/article/view/605 <p>Terrorism constitutes an extraordinary crime threatening national security, state sovereignty, and the protection of human rights. Indonesia's counterterrorism policy has shifted from relying solely on repressive measures toward emphasizing preventive strategies to prevent the emergence and development of terrorist networks. One of the institutions granted preventive authority is the Indonesian National Police's Special Detachment 88 (Densus 88 Anti-Terror) under Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism.This research aims to analyze the legal framework governing the preventive authority of Densus 88 within Indonesia's national legal system and examine the obstacles encountered in its implementation. The study employs normative legal research using statutory, conceptual, and analytical approaches.The research concludes that Densus 88 possesses a comprehensive legal basis under Law Number 5 of 2018, Law Number 2 of 2002 concerning the Indonesian National Police, Government Regulation Number 77 of 2019, and Presidential Regulation Number 7 of 2021 concerning the National Action Plan for Preventing Violent Extremism Leading to Terrorism. Nevertheless, practical implementation continues to face obstacles including budget limitations, insufficient human resources, inter-agency coordination challenges, and concerns regarding the protection of human rights.</p> Dewa Nyoman Tri Krisnayana, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Dewa Nyoman Tri Krisnayana, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/605 Fri, 10 Jul 2026 00:00:00 +0000 CRIMINAL LIABILITY FOR THE MISUSE OF DEEPFAKE VIDEOS IN THE CRIME OF DEFAMATION UNDER THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW https://myjournal.or.id/index.php/JLSSH/article/view/630 <p>The rapid advancement of artificial intelligence has produced deepfake technology capable of generating highly realistic audio-visual content that misrepresents a person's statements, conduct, or likeness. When such synthetic media is deliberately used to attack a person's honour or reputation, it raises pressing questions of criminal accountability under Indonesian positive law, particularly Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (UU ITE). This article examines how criminal liability for deepfake-based defamation is constructed under the UU ITE, focusing on the interaction between Article 27A (defamation), Article 35 (manipulation of electronic documents), Article 27 paragraph (1) (indecent content), and related provisions of the Personal Data Protection Law and the Penal Code. Using a normative juridical method combined with statutory, conceptual, and case-based approaches, this study finds that although the UU ITE does not expressly define the term "deepfake," its provisions on electronic document manipulation and defamation may be extended to cover deepfake-based attacks on reputation, provided that intent (mens rea), falsity of the content, and public disclosure can be proven. The study also identifies significant normative gaps: the absence of a specific statutory definition of synthetic or manipulated media, the difficulty of attributing authorship of AI-generated content, the complaint-based (delik aduan) character of Article 27A which limits standing to the individual victim, and jurisdictional obstacles when perpetrators or hosting platforms are located abroad. The article concludes that a coherent doctrine of criminal liability for deepfake-based defamation requires either an interpretive extension of existing norms through consistent judicial practice or a dedicated legislative amendment that explicitly defines synthetic and manipulated media within the electronic transactions legal framework.</p> Herson Djuanda, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Herson Djuanda, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/630 Tue, 28 Jul 2026 00:00:00 +0000 Nominee Agreements Regarding the Control and Ownership of Land Rights in Indonesia (Case Study: Judgment Number 137/Pdt.G/2021/PN Gianyar) https://myjournal.or.id/index.php/JLSSH/article/view/654 <p>The practice of nominee agreements in controlling and owning land rights in Indonesia has emerged as a legal mechanism to circumvent the prohibition on foreign ownership of freehold land under Law Number 5 of 1960 concerning the Basic Agrarian Principles. Under such arrangements, Indonesian citizens are formally registered as legal owners, while foreign nationals exercise actual control and receive the economic benefits of the land. This practice raises legal issues concerning the validity of nominee agreements, legal certainty, and legal protection for the parties involved.This research aims to examine the legal existence of nominee agreements under Indonesian positive law and to analyze their implications for legal certainty and legal protection based on Decision Number 137/Pdt.G/2021/PN Gianyar. The research employs normative legal research using statutory, conceptual, and case approaches. Legal materials consist of primary, secondary, and tertiary sources analyzed descriptively and qualitatively.The research concludes that nominee agreements violate the nationality principle under the Basic Agrarian Law and fail to satisfy the objective requirements for a valid agreement under Articles 1320 and 1337 of the Indonesian Civil Code because they contain an unlawful cause. The Gianyar District Court declared such agreements to constitute legal evasion and therefore null and void. Consequently, nominee agreements fail to provide legal certainty and protection for either party and may also expose notaries and Land Deed Officials (PPAT) to legal liability. Stronger regulations, stricter supervision by the National Land Agency, and greater adherence to the precautionary principle are therefore essential to strengthen legal certainty in Indonesian land law.</p> I Nyoman Wirayusa, Ni Ketut Wiratny, Komang Edy Dharma Saputra Copyright (c) 2026 I Nyoman Wirayusa, Ni Ketut Wiratny, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/654 Fri, 04 Sep 2026 00:00:00 +0000 The Role of Cadrezation Development at The Regional Executive Board of PKB Sumedang Refency (Case Study : Electoral District V Sumedang Regency) https://myjournal.or.id/index.php/JLSSH/article/view/677 <p>Cadreization is a strategic instrument of political parties to ensure organizational continuity and leadership regeneration. This study aims to analyze the role of cadreization of the National Awakening Party (PKB) at the DPC PKB Sumedang Regency in Electoral District V, identify the obstacles in its implementation, and formulate efforts undertaken by the organization to overcome them. This study utilized a qualitative approach with a descriptive method and a case study design. The conceptual framework employed Soerjono Soekanto's Role Theory as the primary analytical tool, supported by Ramlan Surbakti's Theory of Political Party Functions and Cadreization, alongside Miriam Budiardjo's Political Science Theory. Primary data were gathered through in-depth interviews with eight key informants selected via purposive sampling, while secondary data were obtained from official party documents and internal regulations. The data analysis technique applied the interactive model of Miles, Huberman, and Saldaña. The results reveal that the implementation of cadreization roles at DPC PKB Sumedang Regency in Electoral District V has been running effectively through the dimensions of norms, concepts, and actual behavior, evidenced by successful leadership regeneration where 100% of PAC chairpersons are under 35 years old and an increase in votes during the 2024 election. The main obstacles include limited independent operational budgets, secretariat infrastructure and human resource constraints, and suboptimal post-event evaluations at the branch level. Resolution efforts were carried out through emergency digital PDF administrative mitigation and a cross-subsidy strategy by integrating non-formal cadreization programs into the official parliamentary recess agendas of DPRD member.</p> Salamah Maulina Muharamah, Desy Miranti Copyright (c) 2026 Salamah Maulina Muharamah, Desy Miranti https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/677 Tue, 06 Oct 2026 00:00:00 +0000 WORK AGREEMENT SYSTEM (OUTSOURCING) FOR EMPLOYEES USING THE WORK CONTRACT SYSTEM (PKWT) https://myjournal.or.id/index.php/JLSSH/article/view/614 <p>The increasingly competitive business environment has encouraged companies to implement outsourcing systems as an operational efficiency strategy. One of the most widely applied employment relationships within outsourcing is the Fixed-Term Employment Agreement (Perjanjian Kerja Waktu Tertentu/PKWT). Although this system has been regulated under Indonesian labour law through Law Number 13 of 2003 concerning Manpower as amended by Law Number 6 of 2023 concerning Job Creation and Government Regulation Number 35 of 2021, its implementation continues to raise various legal issues, particularly concerning the protection of workers' rights.This research aims to analyze the legal framework governing outsourcing employment agreements using fixed-term employment contracts and to examine the legal protection afforded to outsourced workers under Indonesian positive law. The study employs normative legal research using statutory, conceptual, and analytical approaches.</p> <p>The research concludes that the post-Job Creation Law regulatory framework provides greater flexibility for companies in implementing outsourcing practices. Nevertheless, legal protection remains mandatory through regulations governing wages, social security, occupational safety and health, compensation for fixed-term employment agreements, and industrial dispute settlement mechanisms. In practice, however, several obstacles remain, including the improper use of fixed-term contracts, weak labour supervision, and low compliance by certain companies with labour regulations. Therefore, stronger government supervision and more effective labour law enforcement are required to achieve a balance between investment interests and workers' legal protection.</p> Ayu Trisna Dewi, Ni Ketut Wiratny, Siti Nurmawan Ddamanik Copyright (c) 2026 Ayu Trisna Dewi, Ni Ketut Wiratny, Siti Nurmawan Ddamanik https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/614 Fri, 10 Jul 2026 00:00:00 +0000 FORMULATION OF THE PRINCIPLE OF BALANCE IN A FAIR CONSTRUCTION CONTRACT https://myjournal.or.id/index.php/JLSSH/article/view/639 <p>The principle of balance is one of the fundamental principles in contract law that requires proportionality of rights and obligations between the parties, especially in construction work contracts. This principle is crucial considering that there are still many contract drafting practices that place one of the parties, generally the service provider, in a dominant position without rights that are balanced with his obligations, as seen in the case of villa purchase which limits the buyer's right to use the object he has purchased. The problems studied include how to regulate the principle of balance in the Indonesian contract legal system and how to describe it in construction contracts. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach, through a literature study of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the principle of balance comes from the principles of freedom of contract, consensualism, good faith, and <em>pacta sunt servanda</em> as stipulated in Article 1320 and Article 1338 of the Civil Code, and is further described in the Construction Services Law which requires equality of rights and obligations between users and service providers in every stage of the contract starting from negotiation, implementation, to dispute resolution. This study also identifies various unbalanced contract models and their causative factors, including lack of understanding of business processes and lack of legal protection, while offering an ideal construction contract norm model based on the proportionality of the exchange of rights and obligations of the parties as a basis for the creation of contractual justice in the construction sector.</p> Isnafiah Astari, Ni Ketut Wiratny, Erikson Sihotang Copyright (c) 2026 Isnafiah Astari, Ni Ketut Wiratny, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/639 Fri, 31 Jul 2026 00:00:00 +0000 Legal Remedies for Resolving Security Disputes in Oral Debt Agreements https://myjournal.or.id/index.php/JLSSH/article/view/665 <p>Oral debt agreements remain common in Indonesia, especially in communities that rely on trust and kinship, yet the security attached to them is legally fragile. This article examines (1) the legal force of security in an oral debt agreement and (2) the legal remedies available to resolve disputes arising from it. The study uses normative juridical research with statute and conceptual approaches; primary, secondary and tertiary legal materials were gathered through library research and analysed qualitatively, descriptively and interpretively. The findings show that an oral debt agreement is valid and binding under Articles 1320 and 1338 of the Indonesian Civil Code as long as the four conditions of validity are met. However, the security agreed orally is not bound by an authentic deed and is not registered, so it carries no executorial force and its enforceability depends entirely on proof. When the debtor denies the agreement, the creditor must prove both the debt and the security by witnesses, transfer records, presumptions, admission or oath. Disputes may be settled outside court through negotiation and family-based settlement, or in court through a warning letter , a default or small-claims lawsuit, and conservatory attachment (conservatoir beslag). The article concludes that debt agreements with security should be made in writing, preferably before a notary, and that creditors should secure supporting evidence at an early stage</p> Maria Magdalena Octoviana Marlyn, Ni Ketut Wiratny, Erikson Sihotang Copyright (c) 2026 Maria Magdalena Octoviana Marlyn, Ni Ketut Wiratny, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/665 Wed, 30 Sep 2026 00:00:00 +0000 HUMAN RESOURCE MANAGEMENT STRATEGY THROUGH LEADERSHIP SUPPORT IN IMPROVING BPJS PATIENT SERVICE PERFORMANCE AT MELOY SANGATTA HOSPITAL https://myjournal.or.id/index.php/JLSSH/article/view/603 <p>This study aims to determine the Human Resource Management Strategy Through Leadership Support<br>to Improve BPJS Patient Service Performance at Meloy Sangatta Hospital. The informants in this study<br>were the Director of Meloy Sangatta Hospital as a supporting informant, one Medical Records Officer,<br>and two BPJS Patients. The data analysis used in this study included data collection, reduction,<br>presentation, and conclusion drawing. This study employed a descriptive approach.<br>The results of the study indicate that the leadership of Meloy Sangatta Hospital has implemented a topdown leadership strategy grounded in strong moral commitment. Meloy Sangatta Hospital has<br>developed a progressive HR strategy through three pillars: training as a foundation, intelligent<br>incentives (financial and non-financial) as a driving force, and discipline as a standard maintainer.<br>Consistency of service for BPJS patients is maintained through three pillars: a disciplined system,<br>nurturing motivation, and implementing accountability. There is a gap between leadership perceptions<br>and the reality on the ground. Significant gaps in teamwork exist.</p> Desta Mejil, RR Tri Gunarti Ningrum, Nurlianti S, Siti Aisyah Copyright (c) 2026 Desta Mejil, RR Tri Gunarti Ningrum, Nurlianti S, Siti Aisyah https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/603 Mon, 06 Jul 2026 00:00:00 +0000 THE INFLUENCE OF PUBLIC POLICY ON IMPROVING THE COMPETENCE OF HUMAN RESOURCES OF THE STATE CIVIL APPARATUS (ASN) OF SUBANG REGENCY https://myjournal.or.id/index.php/JLSSH/article/view/623 <p>This study aims to analyze the effect of public policy on increasing the competence of the Human Resources (HR) of the State Civil Apparatus (ASN) in Subang Regency. ASN competence is a crucial factor in improving the quality of public services, so an appropriate policy is needed to support HR development. The research method used is a quantitative approach with regression analysis techniques to test the relationship between public policy and ASN competence. The results showed that public policy has a significant effect on ASN competence, with a regression coefficient value of 0.710 and a significance level of 0.000. In addition, the correlation test results also show a strong relationship between public policy and increased ASN competence. This finding indicates that the more effective the public policy implemented, the higher the ASN competence that can be achieved. The implications of this study confirm the importance of optimizing public policies in ASN HR development, such as continuous training programs, bureaucratic reform, and the use of technology in public services. Therefore, the Subang Regency government is advised to continue to improve the quality of HR development policies in order to create professional ASNs who are able to provide better public services.</p> Rachma Waty Fazry, Andi Sukandi Copyright (c) 2026 Rachma Waty Fazry, Andi Sukandi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/623 Fri, 17 Jul 2026 00:00:00 +0000 Artificial Intelligence and the Transformation of Contract Law: Legal Challenges and Pathways Toward a Regulatory Framework https://myjournal.or.id/index.php/JLSSH/article/view/647 <p>The rapid diffusion of artificial intelligence (AI) into commercial practice — from AI-assisted negotiation to self-executing smart contracts — is placing sustained pressure on the doctrinal foundations of contract law, particularly the requirements of offer, acceptance, intention to create legal relations, and consensus ad idem. This paper examines the extent to which AI-driven contracting challenges classical contract doctrine and evaluates the adequacy of existing legal frameworks to address issues of formation, interpretation, performance, liability, and accountability. Using a doctrinal and comparative legal research method, the study analyzes statutory instruments, case law, and scholarly literature from common law and civil law jurisdictions. The findings indicate that while courts and legislatures have begun to accommodate AI-mediated transactions through concepts such as electronic agents and functional equivalence, significant normative gaps remain regarding liability allocation when an autonomous system produces an unintended or erroneous outcome, and regarding the attribution of intent to non-human decision-making systems. The paper argues for a graduated regulatory model that combines risk-based liability rules, mandatory transparency obligations, and sector-specific codes of conduct, rather than a single uniform statute. The discussion concludes that contract law's traditional reliance on human intention must evolve toward a functional, outcome-oriented standard capable of accommodating autonomous and semi-autonomous contracting systems without abandoning the doctrine's core commitments to fairness, foreseeability, and party autonomy.</p> Obsatar Sinaga, Muhammad Yusuf Copyright (c) 2026 Obsatar Sinaga, Muhammad Yusuf https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/647 Sun, 16 Aug 2026 00:00:00 +0000 The Validity of Electronic Contracts (E-Contracts) Using Click-Wrap Agreements https://myjournal.or.id/index.php/JLSSH/article/view/672 <p>The use of e-commerce in trade has significantly affected the international community in general and Indonesian society in particular, and it raises legal questions about the requirements for the validity of electronic contracts. E-commerce contracts commonly rely on click-wrap agreements, in which a user accepts standard terms displayed on a screen before completing a transaction. This study addresses two issues: (1) the validity of electronic contracts (e-contracts) that use click-wrap agreements, and (2) the legal consequences arising from such contracts. It is normative juridical research that employs a statutory approach and a conceptual approach. The findings show that a click-wrap agreement, as a form of electronic contract, is implicitly recognised in the Indonesian legal system through the Law on Electronic Information and Transactions, with further technical provisions in Government Regulation No. 71 of 2019. Such a contract is valid only if it satisfies the requirements of consent, legal capacity, a specific object, and a lawful cause; consent given by clicking "agree" remains governed by Article 1320 of the Civil Code and must be free from coercion, mistake, or fraud (Article 1321). Although the agreement is normatively valid, freedom of contract in click-wrap agreements is formal rather than substantive. The legal consequences include unequal bargaining positions, limited user understanding, the dominance of standard clauses, and the absence of comprehensive technical regulation, which affect the balance between the parties, consumer protection, legal certainty, law enforcement, and the development of contract law. Stronger regulation and clearer oversight are therefore needed.</p> Brigitta Tri Retno Sari, Erikson Sihotang, Ni Ketut Wiratny Copyright (c) 2026 Brigitta Tri Retno Sari, Erikson Sihotang, Ni Ketut Wiratny https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/672 Thu, 01 Oct 2026 00:00:00 +0000 LAW ENFORCEMENT AGAINST THE MODUS OPERANDI OF HYDROPONIC MARIJUANA CULTIVATION IN DENSELY RESIDENTIAL AREAS IN THE JURISDICTION OF THE BALI REGIONAL POLICE https://myjournal.or.id/index.php/JLSSH/article/view/611 <p>The development of narcotics crimes has significantly changed not only in illegal trafficking but also in cultivation methods utilizing modern agricultural technology. One emerging modus operandi is hydroponic cannabis cultivation conducted in densely populated residential areas. This method complicates law enforcement efforts because perpetrators employ legal agricultural equipment integrated with climate control systems, artificial lighting, irrigation, and CCTV surveillance.This empirical legal research aims to analyze law enforcement against hydroponic cannabis cultivation within the jurisdiction of Bali Regional Police and examine obstacles encountered during investigation and evidence collection. The research employs statutory, conceptual, and case approaches supported by interviews with investigators of the Bali Regional Police Narcotics Directorate.The findings indicate that law enforcement has been implemented under Law Number 35 of 2009 concerning Narcotics and the Indonesian Criminal Procedure Code. Nevertheless, investigators still face substantial challenges involving sophisticated cultivation technology, limited detection equipment, weak public participation, and complex evidentiary processes associated with transnational narcotics networks. Strengthening digital forensic capabilities, improving inter-agency coordination, and enhancing community participation are necessary to improve future law enforcement effectiveness.</p> Komang Ari Kusuma, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Komang Ari Kusuma, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/611 Fri, 10 Jul 2026 00:00:00 +0000 LEGAL PROTECTION FOR CYBERCRIME VICTIMS REGARDING PERSONAL DATA HANDLING AT THE BALI REGIONAL POLICE https://myjournal.or.id/index.php/JLSSH/article/view/637 <p>The rapid development of information technology has transformed various aspects of human activities into digital platforms. Alongside these advancements, cybercrime has significantly increased, particularly crimes involving the misuse of personal data. Such crimes result not only in financial losses but also in violations of privacy, security, and legal certainty for victims. Consequently, effective legal protection is required through the active role of law enforcement agencies, especially the Bali Regional Police, in handling cybercrime cases involving personal data.This research employs normative legal research supported by empirical research. The study applies statutory, conceptual, and factual approaches. Data were collected through library research and interviews with investigators of the Cyber Crime Directorate of the Bali Regional Police. The collected data were analyzed qualitatively using descriptive methods.The results indicate that legal protection for victims of cybercrime at the Bali Regional Police is implemented through preventive measures such as digital literacy education, public awareness regarding personal data protection, improvement of electronic security systems, and institutional cooperation. Repressive measures include receiving public reports, conducting investigations, examining digital evidence, and enforcing criminal law under the Electronic Information and Transactions Law and the Personal Data Protection Law. However, several obstacles remain, including limited cyber forensic experts, inadequate digital forensic facilities, the complexity of electronic evidence, and low public awareness regarding personal data protection. Therefore, strengthening investigators' capacity, improving digital forensic infrastructure, and enhancing inter-agency cooperation are necessary to achieve more effective legal protection for cybercrime victims.</p> Kadek Wahyudi Putra Pranata, Ni Ketut Wiratny, Sobandi Copyright (c) 2026 Kadek Wahyudi Putra Pranata, Ni Ketut Wiratny, Sobandi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/637 Fri, 31 Jul 2026 00:00:00 +0000 Implementation Procedure for the Subdivision of Land Ownership Certificates in Protected Paddy Field Areas at the Karangasem Regency ATR/BPN Office https://myjournal.or.id/index.php/JLSSH/article/view/659 <p>Land is an agrarian resource that possesses economic, social, cultural, and ecological functions. Therefore, its administration must balance individual rights with the public interest. One of the land administration services provided by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is the subdivision of Freehold Title Certificates &nbsp;&nbsp;However, such services cannot be freely implemented on land designated as Protected Rice Field Areas because they must comply with sustainable agricultural land protection policies.This study aims to analyze the implementation procedures for the subdivision of Freehold Title Certificates within Protected Rice Field Areas at the ATR/BPN Office of Karangasem Regency and to examine the obstacles encountered along with the efforts made to overcome them. This research employs normative legal research supported by empirical legal research using statutory, conceptual, and empirical approaches. Data were collected through library research, interviews, and documentation and analyzed using descriptive qualitative methods.The results indicate that the subdivision procedure has generally complied with prevailing land registration regulations. Nevertheless, applications concerning Protected Rice Field Areas are subject to specific legal restrictions to prevent agricultural land fragmentation and land conversion. The main obstacles include inconsistencies in legal substance, limited inter-agency coordination, inadequate public legal awareness, and economic pressures encouraging land conversion. Improvement efforts include strengthening institutional coordination, harmonizing regulations, enhancing public legal education, and reinforcing supervision in land administration services.</p> I Gede Suparta, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 I Gede Suparta, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/659 Tue, 08 Sep 2026 00:00:00 +0000 The Influencing Narcotics Use from a Criminological Perspective: A Study at the National Narcotics Agency (BNN) Rehabilitation Center in Tanah Merah, Samarinda https://myjournal.or.id/index.php/JLSSH/article/view/620 <p>This article discusses the underlying problems and contributing factors from a criminological perspective regarding narcotics users at the BNN Tanah Merah Rehabilitation Center in Samarinda. Drug abuse is categorized as an extraordinary crime because it not only damages the physical and mental health of users but also contributes to increased criminal activities in society. Criminologically, individuals become involved in drug abuse due to the interaction of various complex factors, including personal, family, social, and economic influences. This issue is particularly relevant in East Kalimantan, especially around Samarinda, which is vulnerable to illicit drug trafficking routes. The high prevalence of drug abuse necessitates comprehensive rehabilitation efforts. As a frontline government institution, the BNN Tanah Merah Rehabilitation Center plays a crucial role in breaking the cycle of addiction through medical and social rehabilitation programs. This study employs a normative juridical approach with descriptive analytical methods to examine the factors of drug abuse based on criminological theories and rehabilitation efforts implemented at the center.</p> Annisa Zahra, Faruq Ahmad Al Ghozi, Nurhayati, Joni Sasmito Copyright (c) 2026 Annisa Zahra, Faruq Ahmad Al Ghozi, Nurhayati, Joni Sasmito https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/620 Wed, 08 Jul 2026 00:00:00 +0000 THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST ILLEGAL MINING OF CATEGORY C MINERALS WITHIN THE JURISDICTION OF THE BALI REGIONAL POLICE https://myjournal.or.id/index.php/JLSSH/article/view/644 <p>Illegal mining of Class C mineral resources remains one of the most significant environmental and criminal law issues in Indonesia, including within the jurisdiction of the Bali Regional Police. Such activities not only reduce state revenue but also cause severe environmental degradation affecting surrounding communities. This research aims to analyze the effectiveness of criminal law enforcement against illegal Class C mining activities within the jurisdiction of the Bali Regional Police and to identify the obstacles encountered by law enforcement agencies together with possible solutions.This research employs normative legal research supported by empirical research using statutory, conceptual, and empirical approaches. Data were collected through literature studies and interviews with investigators of the Bali Regional Police.The findings indicate that criminal law enforcement has been implemented through preventive and repressive measures in accordance with Law Number 2 of 2025 concerning the Fourth Amendment to Law Number 4 of 2009 on Mineral and Coal Mining. Nevertheless, law enforcement has not yet achieved optimal effectiveness due to several obstacles, including the extensive locations of illegal mining operations, limited supervisory personnel, low public legal awareness, high economic incentives from illegal mining activities, and inadequate inter-agency coordination. Therefore, strengthening institutional coordination, improving supervision, enforcing the law consistently, and increasing community participation are essential to improve the effectiveness of law enforcement.</p> Budi Santoso, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Budi Santoso, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/644 Fri, 31 Jul 2026 00:00:00 +0000 Criminal Sanctions for Defamation through Print Media under the New Indonesian Criminal Code (Law No. 1 of 2023): Legal Framework and Law Enforcement Obstacles at the Bali Regional Police https://myjournal.or.id/index.php/JLSSH/article/view/670 <p>Criminal provisions on defamation are intended to protect a person's honor, self-esteem, and good name. This study examines (1) how criminal sanctions for defamation committed through print media are regulated under Law No. 1 of 2023 on the Criminal Code (the new Criminal Code), and (2) what obstacles hinder the enforcement of these provisions at the Bali Regional Police. The research is normative juridical research supported by empirical data, using a statute approach and a conceptual approach. Primary, secondary, and tertiary legal materials were collected through document study, and field data were obtained through interviews with police officials in Bali. The materials were analyzed descriptively, systematically, and argumentatively using authentic, grammatical, and systematic interpretation.The findings show that defamation through print media is classified as written defamation under Article 433 paragraph (2) of the new Criminal Code, punishable by imprisonment of up to one year and six months or a fine of up to Category III (IDR 50 million). The offence is a complaint-based offence and is not punishable when committed in the public interest or in self-defense. Enforcement at the Bali Regional Police is constrained by the need for specific evidence in complaint-based offences, the subjective interpretation of the elements of the offence, the special procedures applicable to the press under Law No. 40 of 1999 (right of reply, right of correction, and Press Council assessment), the digital re-circulation of printed content, limited technical capacity, and low public legal awareness. Synchronization of the Criminal Code, the Press Law, and the Electronic Information and Transactions Law is therefore needed.</p> Firdaus Wulanto, Erikson Sihotang, Ni Ketut Wiratny Copyright (c) 2026 Firdaus Wulanto, Erikson Sihotang, Ni Ketut Wiratny https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/670 Thu, 01 Oct 2026 00:00:00 +0000 EFFECTIVENESS OF ENFORCEMENT OF CIVIL APPARATUS DISCIPLINE AT THE CLASS II BALI LAND TRANSPORTATION MANAGEMENT CENTER https://myjournal.or.id/index.php/JLSSH/article/view/609 <p>The discipline of State Civil Apparatus (ASN) constitutes one of the primary indicators of professional, accountable, and integrity-based public administration. The implementation of disciplinary measures aims not only to establish compliance with statutory regulations but also to ensure the delivery of effective and high-quality public services. Nevertheless, disciplinary violations among civil servants remain a recurring issue within various government institutions, including the Class II Bali Land Transportation Management Center.This study aims to analyze the effectiveness of disciplinary law enforcement under Government Regulation Number 94 of 2021 concerning Civil Servant Discipline and to examine the legal remedies available for civil servants subjected to disciplinary sanctions.</p> <p>This research employs an empirical legal research method using statutory, conceptual, and sociological approaches. Data were collected through literature review, document analysis, and interviews with authorized officials at the Class II Bali Land Transportation Management Center. The collected data were analyzed descriptively using qualitative methods.The results indicate that disciplinary enforcement has generally complied with Government Regulation Number 94 of 2021. However, its effectiveness remains influenced by legal awareness among employees, internal supervision, consistency in imposing sanctions, organizational culture, and leadership commitment. Furthermore, legal protection for civil servants is guaranteed through administrative objections and administrative remedies provided under Indonesian administrative law.</p> Erikson Sihotang, Erna Yuniarti, Kadek Dedy Suryana Copyright (c) 2026 Erikson Sihotang, Erna Yuniarti, Kadek Dedy Suryana https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/609 Fri, 10 Jul 2026 00:00:00 +0000 IMPLEMENTATION OF THE REGULATION OF THE MINISTER OF AGRARIAN AFFAIRS AND SPATIAL PLANNING/HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2024 CONCERNING THE ADMINISTRATION OF LAND AFFAIRS AND REGISTRATION OF CUSTOMARY RIGHTS OF https://myjournal.or.id/index.php/JLSSH/article/view/635 <p>The recognition of customary land rights (Hak Ulayat) constitutes an important component of the Indonesian national agrarian legal system as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Principles. Nevertheless, such recognition has not been fully accompanied by an administrative mechanism capable of ensuring legal certainty over customary land ownership. To address this issue, the Government enacted Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 14 of 2024 concerning Land Administration and Registration of Customary Land Rights.This study aims to analyze the implementation of the Regulation in Bangah Traditional Village, Baturiti District, Tabanan Regency and to identify the factors affecting its implementation. The research employed an empirical legal method using statutory, sociological, and conceptual approaches. Data were collected through interviews, observations, documentation, and literature studies and analyzed qualitatively. The results indicate that implementation has been conducted through the identification of indigenous communities, inventory of customary lands, verification of legal and physical data, institutional coordination, and land registration procedures. The implementation has been supported by government institutions and indigenous communities. Nevertheless, administrative limitations, insufficient supporting documents, limited human resources, and differences between customary law and the national land administration system remain significant challenges.</p> Galih Sekar Mahardhika, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Galih Sekar Mahardhika, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/635 Fri, 31 Jul 2026 00:00:00 +0000 Law Enforcement Regarding Spatial Use in Residential Areas According to the Badung Regency Spatial Plan https://myjournal.or.id/index.php/JLSSH/article/view/657 <p>Spatial utilization is a crucial aspect of development, aiming to strike a balance among economic, social, and cultural interests and environmental sustainability. As a hub for economic growth and tourism in Bali Province, Badung Regency faces various challenges regarding spatial utilization—specifically, the expansion of residential areas that does not fully align with the Regional Spatial Plan (RTRW). This situation has led to the conversion of agricultural land, a reduction in Green Open Spaces (RTH), and increased environmental pressure, while also creating legal issues regarding the control of spatial utilization.This study aims to analyze law enforcement concerning residential spatial utilization in accordance with the Badung Regency RTRW and to identify the obstacles local government faces in supervising and taking action against spatial planning violations. The study employs a normative legal method supported by empirical research, utilizing statutory, conceptual, and field-based approaches. A descriptive-qualitative analysis was conducted using primary, secondary, and tertiary legal materials gathered through literature reviews and fieldwork. The results indicate that law enforcement regarding spatial utilization in Badung Regency has been implemented through instruments such as licensing, supervision, control, the imposition of administrative sanctions, and inter-agency coordination. However, the effectiveness of law enforcement remains hindered by obstacles such as weak supervision, high investment pressure, low public compliance with the RTRW, limited personnel resources, and suboptimal inter-agency coordination. Therefore, it is necessary to strengthen information technology-based supervision systems, enhance legal certainty in the issuance of spatial utilization permits, consistently enforce sanctions, and increase public participation to achieve sustainable development in Badung Regency.</p> Komang Edy Dharma Saputra, Erikson Sihotang, Angri Dianto Kofi Copyright (c) 2026 Komang Edy Dharma Saputra, Erikson Sihotang, Angri Dianto Kofi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/657 Tue, 08 Sep 2026 00:00:00 +0000 LEGAL ANALYSIS OF JUDGES' CONSIDERATIONS IN IMPOSING CRIMINAL SENTENCES ON PERPETRATORS OF GRANT CORRUPTION (CASE STUDY OF DENPASAR DISTRICT COURT DECISION NO: 14/Pid.Sus-TPK/2025/PN.DENPASAR) https://myjournal.or.id/index.php/JLSSH/article/view/617 <p>The Judge's Consideration in Proving the Elements of Corruption Crimes in the Subsidiary Charges of Article 3 of the Corruption Crime Law against the defendant Pande Made Purwata in Case No: 14 / Pid.Sus-TPK / 2025 / PN.Denpasar, is the basis of legal considerations where the defendant's actions fulfill the elements of Article 3, namely: a) Benefiting oneself or others or a corporation; b) Abusing the authority of opportunities or means available because of office or position; c) Harming state finances or the state economy, and the basis of non-legal considerations is considerations seen from non-legal aspects.&nbsp; The legal implications of the court's decision regarding corruption of grant funds from the Indonesian National Sports Committee (KONI) emphasize the doctrine of absolute liability and tiered guilt (mens rea) for administrators. This also closes the gap where maladministration is considered purely an administrative violation when irregularities occur that harm state finances.</p> Dewa Putu Adiwijaya, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Dewa Putu Adiwijaya, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/617 Fri, 10 Jul 2026 00:00:00 +0000 CRIMINALIZATION OF CIVIL DISPUTES AS A FORM OF ABUSE OF POWER IN LAW ENFORCEMENT https://myjournal.or.id/index.php/JLSSH/article/view/642 <p>The criminalization of civil disputes has become one of the major issues in the Indonesian law enforcement system. This phenomenon occurs when disputes arising from contractual relationships, particularly breaches of contract, are processed through criminal law mechanisms under allegations of fraud or embezzlement. Such practices create legal uncertainty by blurring the distinction between civil and criminal law. Furthermore, the use of criminal law as a tool to resolve contractual disputes potentially constitutes an abuse of power by law enforcement officers and contradicts the principle of ultimum remedium.This study employs normative legal research supported by empirical data using statutory, conceptual, and case approaches. Primary legal materials include the Indonesian Criminal Code, Civil Code, Criminal Procedure Code, and Supreme Court Decision Number 358 K/Pid/2020. The analysis applies legal certainty theory, law enforcement theory, legal protection theory, and authority theory through qualitative juridical analysis.The study concludes that the criminalization of civil disputes may constitute an abuse of power whenever criminal law is applied to contractual relationships lacking criminal intent (mens rea). Such practices undermine legal certainty, weaken legal protection, reduce public trust in the justice system, and negatively affect the investment climate. Therefore, stronger legal guidelines distinguishing civil disputes from criminal offenses, consistent implementation of the ultimum remedium principle, improved professionalism of law enforcement officers, and comprehensive legal education are necessary to ensure fair law enforcement.</p> I Kadek Moleh, H Nurianto RS, Kadek Dedy Suryana Copyright (c) 2026 I Kadek Moleh, H Nurianto RS, Kadek Dedy Suryana https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/642 Fri, 31 Jul 2026 00:00:00 +0000 Legal Analysis of the Legal Responsibility of Regional Governments in the Management of Regional-Owned Enterprises (BUMD) https://myjournal.or.id/index.php/JLSSH/article/view/668 <p>Regional-Owned Enterprises (<em>Badan Usaha Milik Daerah</em>, BUMD) are business entities owned by regional governments and intended to serve as a source of locally generated revenue. In practice, however, many BUMD contribute little to regional revenue and receive more capital injections from the regional government than the profits they return. This article examines two problems: first, the legal responsibility of regional governments in managing BUMD; and second, the implications of the legal form of BUMD for their management. It uses normative juridical research with a statute approach and a conceptual approach, and analyses primary, secondary and tertiary legal materials through descriptive, evaluative, interpretative and argumentative techniques. The analysis shows that the legal responsibility of the regional government is that of a capital owner, supervisor and guide, exercised through the regional head who represents separated regional wealth. The regional government sets policy direction, provides guidance, and accounts for management to the Regional House of Representatives (DPRD), as regulated in Government Regulation No. 54 of 2017. The legal form matters. In a Perumda, management is burdened by the dual mandate of prioritising public benefit while also earning profit, and by the extensive authority of the regional head as capital owner. A Perseroda is profit-oriented and therefore depends on competent directors and commissioners, whose recruitment must follow the applicable laws and regulations.</p> Ahmad Rivai, Erikson Sihotang, Ni Ketut Wiratny Copyright (c) 2026 Ahmad Rivai, Erikson Sihotang, Ni Ketut Wiratny https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/668 Wed, 30 Sep 2026 00:00:00 +0000 PENAL AND NON-PENAL EFFORTS OF THE BADUNG RESORT POLICE IN COMBATING FIREARM MISUSE BY FOREIGN CITIZENS https://myjournal.or.id/index.php/JLSSH/article/view/606 <p>The misuse of firearms among civilians is a critical issue in both national and international discourse, including in Indonesia. To date, efforts to curb firearm misuse among civilians—specifically those prone to criminal activity—have yet to yield significant results. Since 2023, there has been a rise in firearm misuse by foreign nationals within the jurisdiction of the Badung Resort Police. In accordance with prevailing laws and regulations, the penal and non-penal measures employed by the Badung Resort Police to address this issue primarily consist of repressive actions taken after the crimes of illegal firearm possession and use have already occurred. Challenges faced by the Badung Resort Police in implementing these measures include the complexity of investigating motives, the difficulty of tracing the origins of illicit weapons, and obstacles related to language and jurisdiction during witness examinations, alongside various internal and external constraints</p> Erikson Sihotang, I Putu Jaya Sematra, Komang Edy Dharma Saputra Copyright (c) 2026 Erikson Sihotang, I Made Adi Winarta, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/606 Fri, 10 Jul 2026 00:00:00 +0000 THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST ILLEGAL MINING OF CATEGORY C MINERALS WITHIN THE JURISDICTION OF THE BALI REGIONAL POLICE https://myjournal.or.id/index.php/JLSSH/article/view/633 <p>Illegal mining of Category C minerals, commonly known in Indonesia as "galian C" and comprising non-metal minerals and rocks such as sand, gravel, andesite, and building stone, remains a persistent problem in Bali despite the province's dependence on ecological integrity for its tourism-based economy. This article examines the effectiveness of law enforcement against unlicensed Category C mining within the jurisdiction of the Bali Regional Police (Polda Bali), against the backdrop of Law Number 3 of 2020 on the Second Amendment to the Mineral and Coal Mining Law, Bali Provincial Regulation Number 4 of 2017 on Non-Metal Mineral and Rock Mining, and the environmental protection provisions of Law Number 32 of 2009. Using a normative-empirical (socio-legal) method supported by documentary analysis of statutory provisions, official police disclosures, and reported enforcement cases in Klungkung and Karangasem regencies, this study applies Soerjono Soekanto's five-factor framework for measuring the effectiveness of law enforcement: the legal substance itself, the law enforcement apparatus, supporting facilities and infrastructure, the community, and legal culture. The findings indicate that although the substantive legal framework criminalising unlicensed mining is comparatively robust, its enforcement in Bali is substantially weakened by the 2020 centralisation of mining licensing authority to the central government, which produced a licensing vacuum affecting dozens of previously operating businesses; by limited investigative capacity and technical equipment specific to environmental and mining crime within Polda Bali's Directorate of Special Criminal Investigation; by continuing economic dependence of local communities on quarrying for livelihood and on its output for cheap construction material; and by weak inter-agency coordination between the police, the Bali Provincial Energy and Mineral Resources Office, and customary village (desa adat) institutions. The article concludes that improving enforcement effectiveness requires simplifying and accelerating central licensing processes for small-scale rock quarrying, strengthening specialised investigative capacity within Polda Bali, and integrating customary environmental norms with formal law enforcement mechanisms.</p> Budi Santoso, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Budi Santoso, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/633 Tue, 28 Jul 2026 00:00:00 +0000 Legal Protection for Heirs Against Unilateral Possession of Inherited Assets Under Indonesian Civil Law https://myjournal.or.id/index.php/JLSSH/article/view/655 <p>Unilateral control over inherited property is one of the problems that frequently causes disputes among heirs. Such disputes arise when one heir controls, uses, benefits from, or transfers the deceased's estate without the consent of other heirs. This study aims to analyze the legal protection available to heirs against unilateral control of inherited property and the legal remedies that may be pursued under Indonesian civil law. This research uses an empirical legal research method with statutory, conceptual, and case approaches. Legal materials were obtained through literature study, while empirical data were obtained through interviews with legal practitioners and members of the community. The results indicate that legal protection for heirs is provided through preventive and repressive mechanisms. Preventive protection is provided through inheritance law provisions governing the status and rights of heirs, while repressive protection is provided through dispute resolution mechanisms, including inheritance division claims, unlawful act claims, cancellation of transfers of rights, and compensation claims. Unilateral control is influenced by limited legal understanding, the absence of a clear division of inheritance, the economic value of inherited property, family conflicts, control over ownership documents, and the failure to resolve disputes at an early stage. Disputes may be resolved through family deliberation, mediation, or litigation. Therefore, strengthening legal awareness and promoting early dispute resolution are necessary to ensure legal certainty, justice, and effective protection for all heirs</p> I Made Yudi Darmawan, Nurianto RS, Komang Edy Dharma Saputra Copyright (c) 2026 I Made Yudi Darmawan, Nurianto RS, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/655 Tue, 08 Sep 2026 00:00:00 +0000 The Effectiveness of Social Assistance Program in Poverty Reducing Communities in Haurngambang Village West Bandung Regency https://myjournal.or.id/index.php/JLSSH/article/view/678 <p>This study was motivated by persistent issues in the implementation of the Village Fund Direct Cash Assistance (BLT) program such as targeting inaccuracies, quota limitations, and social jealousy which affect the program's effectiveness in alleviating poverty in Haurngambang Village, West Bandung Regency. The study aims to analyze the effectiveness of the Village Fund BLT program in reducing poverty among the community in Haurngambang Village. It employs public policy theory, specifically focusing on policy standards, targets, and resources. A descriptive method with a qualitative approach was used, and data were gathered through observation, interviews, and documentation. The results indicate that the distribution of Village Fund BLT in Haurngambang Village has been effective in helping the community meet basic needs. However, the conclusion is that it has not yet been effective in achieving sustainable poverty reduction. Key obstacles include limited assistance, data updating issues, and a lack of sustainable economic empowerment. It is recommended that the village government periodically update and verify recipient data to ensure the assistance is more accurately targeted</p> Nabila Rizki Sherlyna, Iim Takwim Copyright (c) 2026 Nabila Rizki Sherlyna, Iim Takwim https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/678 Tue, 06 Oct 2026 00:00:00 +0000 APPLICATION OF THE TERRITORIAL PRINCIPLE TOWARDS FOREIGN CITIZENS WHO COMMIT NARCOTICS CRIMES IN THE JURISDICTION OF THE BADUNG RESORT POLICE https://myjournal.or.id/index.php/JLSSH/article/view/615 <p>Regarding the application of the territorial principle to narcotics offenses committed by foreign nationals within the jurisdiction of the Badung Resort Police, such offenses fall under Indonesian jurisdiction and can be prosecuted in Indonesia pursuant to Article 5 of the Criminal Code (KUHP). If a narcotics offense occurs within Indonesian territory, the suspect may be legally prosecuted in Indonesia. Furthermore, under Article 4, point 1 of the new Criminal Code—specifically Law of the Republic of Indonesia Number 1 of 2023—any person who commits a criminal offense within the territory of the Unitary State of the Republic of Indonesia may be prosecuted under Indonesian criminal law if apprehended by Indonesian law enforcement authorities. Data indicating the continued annual emergence of new cases suggests that the law enforcement efforts undertaken by the Badung Resort Police have not yet been effective. This implies that the implementation of law enforcement strategies—whether preemptive, preventive, or repressive—continues to face various obstacles, and that outreach and educational activities have not yet optimally reached all segments of society</p> Ni Komang Meri Ariani, Erikson Sihotang, Komang Edy Dharma Saputra Copyright (c) 2026 Ni Komang Meri Ariani, Erikson Sihotang, Komang Edy Dharma Saputra https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/615 Fri, 10 Jul 2026 00:00:00 +0000 LAW ENFORCEMENT REGARDING SPATIAL USE IN RESIDENTIAL AREAS ACCORDING TO THE BADUNG REGENCY SPATIAL PLAN https://myjournal.or.id/index.php/JLSSH/article/view/640 <p>Spatial utilization is a crucial aspect of development, aiming to strike a balance among economic, social, and cultural interests and environmental sustainability. As a hub for economic growth and tourism in Bali Province, Badung Regency faces various challenges regarding spatial utilization—specifically, the expansion of residential areas that does not fully align with the Regional Spatial Plan (RTRW). This situation has led to the conversion of agricultural land, a reduction in Green Open Spaces (RTH), and increased environmental pressure, while also creating legal issues regarding the control of spatial utilization.This study aims to analyze law enforcement concerning spatial utilization in residential areas in accordance with the Badung Regency RTRW and to identify the obstacles local government faces in supervising and taking action against spatial planning violations. The study employs a normative legal method supported by empirical research, utilizing statutory, conceptual, and field-based approaches. A descriptive-qualitative analysis was conducted using primary, secondary, and tertiary legal materials obtained through literature reviews and fieldwork.The results indicate that law enforcement regarding spatial utilization in Badung Regency has been implemented through instruments such as licensing, supervision, control, the imposition of administrative sanctions, and inter-agency coordination. However, the effectiveness of law enforcement remains hindered by weak supervision, high investment pressure, low public compliance with the RTRW, limited personnel resources, and suboptimal inter-agency coordination. Therefore, it is necessary to strengthen information technology-based supervision systems, enhance legal certainty in the issuance of spatial utilization permits, consistently enforce sanctions, and increase public participation to achieve sustainable development in Badung Regency.</p> Komang Edy Dharma Saputra, Erikson Sihotang, Angri Dianto Kofi Copyright (c) 2026 Komang Edy Dharma Saputra, Erikson Sihotang, Angri Dianto Kofi https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/640 Fri, 31 Jul 2026 00:00:00 +0000 Legal Liability for Medical Risk in Hospital Healthcare Services Based on Therapeutic Transactions https://myjournal.or.id/index.php/JLSSH/article/view/666 <p>Informed consent to a medical procedure is the foundation of the legal relationship and contractual obligation between a patient and a physician or other healthcare professional within a therapeutic transaction. As medical science and technology advance, health law evolves with them, and one significant development is the enactment of Law No. 17 of 2023 concerning Health (the Health Law), which addresses the formulation of informed consent. In practice, however, informed consent is frequently structured through standard clauses prepared to simplify the formation of the therapeutic agreement. This study addresses two problems: first, how legal liability for medical risk in hospital-based therapeutic transactions is regulated; and second, how such liability is borne in practice. It is a normative legal study that employs a statutory approach and a conceptual approach, and it analyses legal materials using descriptive, systematic, evaluative and argumentative techniques. The findings show that liability is regulated principally in Articles 56 to 58 of the Health Law, which require physicians to comply with the Indonesian Code of Medical Ethics, professional standards and Standard Operating Procedures (SOPs), and to hold the administrative documents needed to practise, namely a Registration Certificate (STR) and a Practice License (SIP). Hospital liability depends heavily on the legal relationship between medical personnel and the hospital. Where the relationship is one of employment, the hospital is liable for the unlawful acts of its employees under Article 1367 paragraph (3) of the Indonesian Civil Code. Where it is contractual, for example where physicians lease hospital facilities, the hospital is generally not liable for the acts or negligence of the medical personnel that harm patients or their families.</p> Awang Firdaus, Erikson Sihotang, Ni Ketut Wiratny Copyright (c) 2026 Awang Firdaus, Erikson Sihotang, Ni Ketut Wiratny https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/666 Wed, 30 Sep 2026 00:00:00 +0000 THE EFFECT OF THE REWARD SYSTEM ON WORK MOTIVATION, PERFORMANCE, AND JOB SATISFACTION OF EMPLOYEES OF THE NURUL HIKMAH SANGATTA FOUNDATION https://myjournal.or.id/index.php/JLSSH/article/view/604 <p>This study aims to analyze the effect of reward systems on work motivation, employee performance,<br>and job satisfaction at Yayasan Nurul Hikmah Sangatta. As an educational and social institution based<br>on Islamic values, the foundation requires human resources with high motivation, optimal performance,<br>and good job satisfaction to support the achievement of organizational goals. This research employed a<br>quantitative approach using an associative method. Data were collected through questionnaires<br>distributed to all foundation employees and analyzed using simple linear regression techniques. The<br>results indicate that the reward system has a positive and significant effect on employee work<br>motivation. However, the reward system does not have a significant effect on employee performance<br>or job satisfaction. These findings suggest that the implemented rewards are effective in encouraging<br>employee enthusiasm and motivation, but are not sufficient to directly improve work outcomes and job<br>satisfaction levels. Therefore, it can be concluded that the foundation needs to develop a more<br>comprehensive reward system by considering financial, non-financial, social, and spiritual aspects in<br>order to generate a broader impact on human resource management</p> Fachrur Rozi, Amransyah, Rizkiawan, Meita Sondang Riski Copyright (c) 2026 Fachrur Rozi, Amransyah, Rizkiawan, Meita Sondang Riski https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/604 Mon, 06 Jul 2026 00:00:00 +0000 THE EFFECTIVENESS OF LAND DISPUTE RESOLUTION THROUGH MEDIATION BASED ON THE REGULATION OF THE MINISTER OF AGRARIAN AFFAIRS AND SPATIAL PLANNING/HEAD OF THE NATIONAL LAND AGENCY NUMBER 21 OF 2020 CONCERNING THE HANDLING AND RESOLUTION OF LAND CASES AT THE https://myjournal.or.id/index.php/JLSSH/article/view/629 <p>Land disputes remain one of the most significant legal issues in Indonesia because they directly affect legal certainty over land ownership rights. Litigation is often costly, time-consuming, and produces win-lose decisions. Therefore, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 provides mediation as an alternative dispute resolution mechanism emphasizing consensus and mutual agreement.This study aims to analyze the effectiveness of mediation in resolving land disputes at the Badung Regency Land Office and to identify supporting and inhibiting factors affecting its implementation. This research employs empirical legal research using statutory, conceptual, and sociological approaches. Data were collected through literature review, interviews, observation, and documentation.The findings indicate that mediation has been relatively effective in resolving land disputes by providing faster settlement, lower costs, preserving relationships between disputing parties, and reducing litigation. Nevertheless, several obstacles remain, including lack of good faith among disputing parties, incomplete physical and juridical land data, limited authority of mediators, and inadequate public understanding regarding mediation procedures.</p> Ida Ayu Yulia Wulandari, Erikson Sihotang, Kadek Dedy Suryana Copyright (c) 2026 Ida Ayu Yulia Wulandari, Erikson Sihotang https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/629 Tue, 28 Jul 2026 00:00:00 +0000 A Juridical Review Of Administrative Defects In The Process Of Issuing Replacement Certificates Of Land Ownership Rights https://myjournal.or.id/index.php/JLSSH/article/view/652 <p>A Certificate of Ownership serves as strong legal evidence of land ownership under the Basic Agrarian Law and Government Regulation Number 24 of 1997 concerning Land Registration. In practice, land certificates may be lost, damaged, or affected by administrative defects requiring the issuance of replacement certificates. Legal issues arise when the issuance process itself contains administrative defects, potentially creating land disputes and legal uncertainty.</p> <p>This study aims to analyze the legal process for issuing replacement certificates of ownership where administrative defects are identified and to examine the practical obstacles encountered during the issuance process. This research applies normative legal research supported by empirical data through statutory, conceptual, and empirical approaches.</p> <p>The findings indicate that replacement certificates may only be issued after fulfilling all administrative requirements stipulated by Indonesian land registration laws. Administrative defects such as inaccurate physical or juridical data, falsified documents, incomplete requirements, or procedural violations may result in cancellation of the original certificate before issuing a replacement. Obstacles include incomplete applicant documentation, discrepancies in land registration books, falsification of records, and administrative costs. Strengthening administrative supervision and improving land registration procedures are essential to ensure legal certainty and legal protection.</p> Saud Susanto, Ni Ketut Wiratny, Zuhro Nurindahwati Copyright (c) 2026 Saud Susanto, Ni Ketut Wiratny, Zuhro Nurindahwati https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/652 Mon, 31 Aug 2026 00:00:00 +0000 Political Communication Strategy for The Electoral Victory of Legislative Candidates from The National Awakening Party (Pkb) in Electoral District 6 in the 2024 General Election in Bandung Regency https://myjournal.or.id/index.php/JLSSH/article/view/676 <p>This study focuses on analyzing the political communication strategies, inhibiting factors, and mitigation efforts undertaken by legislative members of the National Awakening Party (PKB) to achieve victory in Electoral District (Dapil) 6 of Bandung Regency during the 2024 General Election. A descriptive qualitative approach was employed in this research. Data collection techniques included in-depth interviews with political actors, campaign success teams, and local constituents, supported by field observations and relevant documentary studies. The findings indicate that the applied political communication strategies align with Anwar Arifin's (2011) theory, which encompasses maintaining leadership figures and solidifying institutional structures through synergy between individual reputations and party machinery, fostering togetherness through cultural and religious approaches, and building consensus through aspirational dialogues and verbal commitments. The primary obstacle encountered was the physical and age constraints of the candidates due to high campaign mobility. To overcome these challenges, candidates optimized consolidation across four key instrumental pillars PKB party structures, grassroots government apparatus, youth organizations, and religious leaders/clerics (kyai). This study concludes that a structured and integrated communication strategy effectively enhanced popularity, strengthened candidate image, and delivered electoral victory.</p> Merin Anandita Sukmawati Sugandi, Toteng Suhara Copyright (c) 2026 Merin Anandita Sukmawati Sugandi, Toteng Suhara https://creativecommons.org/licenses/by-sa/4.0 https://myjournal.or.id/index.php/JLSSH/article/view/676 Tue, 06 Oct 2026 00:00:00 +0000