Proceeding International Conference Restructuring and Transforming Law

Non-Disclosure Agreement in Its Application to Breach of Contract Lawsuits Referred to From Article 1320 of The Civil Code

Devina Septy Fathikhah — 2026-07-16

Indonesia, as a nation governed by law, as stipulated in the 1945 Constitution, makes law the fundamental regulatory framework for all aspects of life, including employment relationships. In its implementation, protecting trade secrets is crucial due to the increasing risk of leaking information of significant economic value. The legal instruments used are:Non-Disclosure Agreement (NDA), although until now there are no specific provisions in the law. This study aims to analyze whether the NDA is valid and legally binding in employment relations, referring to Article 1320 of the Civil Code. This study also examines the impact of violations of the agreement on breach of contract lawsuits, using a case study that occurred at PT Foom Lab Global. The method in this study uses a juridical-normative approach and focuses on the provisions of the law and analyzes the case that occurred. The legal materials include primary legal materials in the form of the Civil Code, Law 30/2000 concerning Trade Secrets, and court decisions, then secondary legal materials in the form of scientific readings. The study proves that the NDA is legally valid and binding if it is in line with the provisions of a valid agreement. In the case of PT Foom Lab Global against Sulfa Sopiani, the Defendant was proven to have committed a breach of contract in the form of violations of resignation procedures, violations of the non-competence clause, and potential violations of information confidentiality. The Defendant was sentenced to pay compensation of 800 million. This ruling states that NDAs can be legally enforced as long as they are drafted correctly and in a balanced manner. The study concludes that NDAs are an effective legal tool for protecting trade secrets, but their implementation must adhere to the principles of fairness and balance in employment relationships to avoid harming workers' rights.

Legal Responsibility of Entrepreneurs in Cases of Violation of Micro-Small Business Permits (IUMK) for Karak Crackers in Gadingan Village, Mojolaban District

Dinda Shafa Tiara Rusli — 2026-07-16

This research is motivated by the continued discovery of violations of the legal obligations of Micro and Small Business Permits (IUMK) by karak cracker entrepreneurs in Gadingan Village, Mojolaban District, which have the potential to result in legal liability consequences and hinder business protection and development. The purpose of this study is to determine and analyze the form of legal responsibility of karak cracker entrepreneurs in violation of business permits and to identify factors that cause low legal compliance of entrepreneurs with the obligation to have and comply with IUMK in Mojolaban Village. The research method used is empirical juridical legal research with a field approach through interviews, observations, and document studies of business actors and related agencies. The results of the study indicate that the legal responsibility of business actors for violations of IUMK in practice is mostly realized through guidance, assistance, and facilitation of permits by the local government, although normatively it is possible to apply administrative sanctions. In addition, low legal compliance is influenced by internal factors such as limited legal understanding, the perception that permits are not yet urgent, and digital literacy constraints, and external factors such as uneven socialization, weak supervision, lack of firm sanctions, and the strength of traditional business culture that has been passed down through generations.

Legal Analysis of Content Monetization by Influencers without Disclosure as A Violation of Consumer Protection Law

Fachry Satrio Pringgowidigdo — 2026-07-16

The development of digital technology has driven a transformation in marketing practices through social media, giving rise to the phenomenon of influencer marketing as an effective promotional strategy. Influencers not only act as messengers but also function as economic actors who profit by monetizing content through endorsement activities. Problems arise when monetized content is not accompanied by disclosure regarding commercial relationships, thus potentially misleading consumers and violating the principle of transparency from the perspective of consumer protection law. This study is directed at analyzing the practice of content monetization without disclosure, identifying the forms of legal violations that occur, and examining the legal responsibilities of influencers from the civil, criminal, administrative, and ethical perspectives. The method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that this practice can be qualified as misleading advertising because it creates an imbalance of information between business actors, influencers, and consumers. In addition, influencers can be held legally accountable if the content they convey causes harm. This study concludes that influencers are part of digital advertising actors who are obliged to convey information transparently. Therefore, strengthening regulations related to disclosure obligations is needed to create effective and equitable consumer protection in the digital era.

Legal Analysis of Judges' Considerations in Assessing The Element of Intention in The Criminal Act of Murder (Study of Decision Number 91/Pid.B/2024/PN Kln)

Fadhillah Zahwa Yusticia — 2026-07-16

The crime of murder is a severe crime against human life, expressly regulated in Article 338 of the Indonesian Criminal Code (KUHP). In criminal justice practice, proving the element of intent and the judge's considerations often involve analysis of evidence, including the testimony of forensic experts. This study analyzes the judge's considerations in Decision Number 91/Pid.B/2024/PN Kln, assessing the element of intent based on the testimony of forensic experts from the perspective of criminal law theory. This normative legal research uses a statutory and case-based approach. Data collection through literature studies includes regulations, court decisions, and legal literature, analyzed qualitatively. As a result, the panel of judges declared that all elements of Article 338 of the Criminal Code-whosoever, takes the life of another person, and intentionally-were fulfilled based on the testimony of witnesses, the defendant, and the Visum et Repertum. The element of intent was supported by the testimony of forensic experts regarding the cause of death, related to the theory of will (wilstheorie) and knowledge (voorstellingstheorie). The testimony of forensic experts plays a crucial role in strengthening the evidence of intent in murder.

Islamic Legal Views on The Implementation of Diversion towards Children Involved in Narcotics Crimes

Farid Nur Mustaqim — 2026-07-16

The abuse of narcotics involving children has become a very serious issue, as it affects their physical and mental development as well as their future. Within the juvenile criminal justice system in Indonesia, diversion is used as an effort to resolve cases outside the court through a restorative justice approach. This study aims to examine the perspective of Islamic law on the implementation of diversion for children involved in narcotics-related crimes. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through literature study, including primary legal materials such as legislation, the Qur'an, and Hadith, as well as secondary legal materials such as books, scientific journals, and expert opinions. The novelty of this research lies in the analysis of the relationship between the concept of diversion in the juvenile criminal justice system and the principles of Islamic law, particularly the concepts of maqashid al-sharia, islah, and musyawarah in handling children involved in narcotics crimes. The results show that, from the perspective of Islamic law, children are regarded as a trust (amanah) that must be protected and nurtured. Diversion is understood as a form of resolution that aligns with the principles of islah and musyawarah, which emphasize peace, restoration of social relationships, and opportunities for children to improve themselves. In practice, the implementation of diversion involves law enforcement officers, families, communities, and social institutions through a deliberation process that results in agreements in the form of rehabilitation, guidance, and social reintegration of the child. The implementation of diversion for children involved in narcotics crimes is in line with the values of Islamic law, which emphasize protection, guidance, and rehabilitation of children in order to achieve restorative justice and a better future for them.

The Double-Track System Method to Prevent Narcotics Recidivism

Muhammad Selfano Hidayat — 2026-07-16

Drug abuse is a serious problem facing many countries, including Indonesia, due to its negative impacts on public health, social stability, and the law enforcement system. The high number of drug offenders sentenced to prison indicates that conventional criminal justice approaches have not fully addressed the root causes of drug abuse. This situation also contributes to the increasing recidivism rate among drug abusers. Therefore, a criminal justice approach is needed that is not only oriented toward punishment but also toward the rehabilitation of offenders through the application of the double-track system. This study aims to analyze the implementation of the Double Track System in handling drug abusers and its effectiveness in preventing recidivism. The research method used is empirical juridical with a descriptive approach. Research data was obtained through a literature review of relevant laws and regulations, books, and scientific journals, and supported by field data through interviews and observations. The results show that the double track system provides a balance between criminal sanctions and disciplinary sanctions within the penal system for drug abusers. The implementation of medical and social rehabilitation as part of this system can assist the recovery process for drug addicts, enabling them to return to normal functioning in society. However, the implementation of this system still faces various obstacles, such as limited rehabilitation facilities, a lack of professional staff, and a law enforcement paradigm that still focuses on imprisonment. Therefore, strengthening rehabilitation policies and improving coordination between law enforcement agencies are necessary to ensure that the double-track system can be implemented effectively and run optimally.

Implementation of Restorative Justice as An Alternative in Resolution to Criminal Acts of Abuse Against Children: A Case Study at The Boyolali District Prosecutor's Office

Pandu Firmansyah — 2026-07-16

Child abuse is a crime that causes long-term physical and psychological impacts. The retributive criminal justice system is considered incapable of providing substantive justice for both child victims and perpetrators. Restorative justice presents as an alternative paradigm that emphasizes the restoration of relationships and social reconciliation. This research uses an empirical legal method (sociolegal research) with a qualitative descriptive analytical approach through in-depth interviews, observations, and literature studies at the Boyolali District Attorney's Office. This study reveals the exclusive nine-stage mechanism at the Boyolali District Attorney's Office that integrates social rehabilitation programs as an integral part of the restorative process, an innovation that has not been widely studied at the district prosecutor's office level. Implementation is carried out through nine systematic stages, from receiving the SPDP to community outreach, with four main criteria that the latest Attorney General's circular flexed to a minimum of two requirements. Supporting factors include a strong legal basis, leadership commitment, the Rumah Restorative Justice (Restorative Justice House), and multi-stakeholder collaboration; the main obstacles include victim rejection and limited public understanding. Restorative justice has proven more effective in providing substantive and humane justice for children, in line with the principle of the best interests of the child mandated by the Indonesian legal system.

Legal Certificity in The Transformation of Conventional Land Certificates to Electronic Land Certificates

Raina Fishecella — 2026-07-16

The implementation of electronic land certificates based on Regulation of the Minister of ATR/BPN Number 3 of 2023 aims to improve the efficiency of land governance through digitalization. This research uses an empirical legal approach with descriptive analytical specifications at the Karanganyar Regency Land Office. Since July 2024, 36,039 electronic certificates have been issued through physical and legal data validation in the Computerized Land Activities (KKP) system. Legal protection for owners is guaranteed through electronic signatures (BSrE) and cryptographic features that have valid evidentiary power according to the ITE Law. Although this system minimizes the risk of duplicate certificates and data manipulation, technical network constraints and low digital literacy remain major obstacles during the transition period. Electronic certificates strengthen legal certainty and land data security. Their success depends heavily on consistent data validation, reliable cybersecurity systems, and intensive public outreach.

Normative Analysis of Traditional Medicine Industry Licensing Violations in Cases of Illegal Herbal Products based on Statutory Regulations

Septia Salmaa Qoonitah — 2026-07-16

The development of the traditional medicine industry in Indonesia has experienced significant growth in line with the increasing public interest in herbal products, which are perceived as more natural and safer; however, such growth has not always been accompanied by compliance with licensing regulations, as evidenced by the persistence of practices such as production without marketing authorization, the use of fictitious marketing authorization numbers, and the mixing of pharmaceutical chemical substances into traditional medicine products. This research employs a normative juridical legal research method with a statutory approach, analyzing relevant laws and regulations, legal doctrines, and scientific literature related to business licensing and the regulation of the traditional medicine industry. The novelty of this study lies in the analysis of the legal position of KBLI 21022 as the basis of legal standing for the traditional medicine industry within the risk-based business licensing system, as well as its relation to violations involving fictitious marketing authorization numbers and the mixing of pharmaceutical chemical substances. The results indicate that KBLI 21022 has a constitutive role in determining the operational legality of the traditional medicine industry, serving as the basis for identifying business activities, determining risk levels, and establishing obligations such as fulfilling the Business Identification Number, Standard Certificate, production permits, and Marketing Authorization Number; moreover, Law Number 17 of 2023 concerning Health stipulates that production without a Marketing Authorization Number, the use of fictitious authorization numbers, and the mixing of pharmaceutical chemical substances constitute serious violations subject to administrative and criminal sanctions, with BPOM playing a central role in supervision and enforcement to ensure public health protection. Conclusion: Thus, the regulatory framework emphasizes the importance of compliance with risk-based licensing under KBLI 21022 and reinforces strict legal consequences for violations as part of safeguarding public health and ensuring legal certainty in the traditional medicine industry.

Legal Protection of Retail Investors' Personal Data in The Digital Stock Trading Ecosystem: A Case Study of Stockbit Indonesia

Naufal Sheva Alfauzi — 2026-07-16

The digital transformation of the capital market through securities companies like Stockbit has broadened retail investor access, but it also poses risks to personal data protection. This research uses a normative legal method with a statutory approach, referring to Law Number 27 of 2022 concerning Personal Data Protection and supported by secondary and tertiary legal materials. The results of this study indicate that although a legal framework governing data protection obligations exists, its implementation is not optimal, as reflected in the case of system disruptions and administrative sanctions against PT Stockbit Sekuritas Digital. The effectiveness of investor personal data protection depends heavily on the consistent implementation of legal obligations, strengthened oversight, and increased accountability of digital investment platform providers.

Implementation of Boyolali Regulation Number 18 of 2016 Concerning Street Vendor Regulation

Zulfa Asdiqi — 2026-07-16

The existence of street vendors (PKL) in Boyolali Regency plays an important role in the community's economy, thus requiring regulation through regional policies to continue to support economic activities while maintaining order in public spaces. This study aims to analyze the conformity of Boyolali Regency Regional Regulation Number 18 of 2016 with the principles of establishing statutory regulations, as well as to examine the efforts of the Department of Industry and Trade in overcoming obstacles to the arrangement and empowerment of street vendors in Boyolali Regency. This study uses a qualitative descriptive method by examining Boyolali Regional Regulation No. 18 of 2016 through analysis of legal documents and data from the local government and related parties. The results of the study indicate that Regional Regulation No. 18 of 2016 has basically fulfilled the philosophical, sociological, and juridical foundations in the formation of regional regulations, however, several provisions still need to be adjusted to regulatory developments, especially regarding the PKL business licensing system. In addition, the local government through the Department of Industry and Trade has made various efforts to organize and empower street vendors, although its implementation still faces obstacles such as vendor compliance, limited business locations, and administrative constraints on licensing.

Efforts by Law Enforcement Officers to Prevent Illegal Racing that Disturb Order in The Jurisdiction of The Pekalongan City Police

Ridho Tri Wicaksono — 2026-07-16

This study discusses the phenomenon of illegal racing in the road area towards the interchange Pekalongan Toll Road, Pekalongan City. This activity violates traffic laws and endangers the safety of road users. This study aims to analyze law enforcement against illegal racing perpetrators and assess the effectiveness of prevention efforts by law enforcement officers. This study uses an empirical juridical approach with a qualitative descriptive method to analyze law enforcement against illegal street racing in Pekalongan City. Data were gathered through interviews at the Pekalongan City District Police, direct observation at the research location, and literature studies, then analyzed qualitatively. The results of the study indicate that police efforts through patrols, enforcement, and socialization still face obstacles, such as limited personnel, low legal awareness, environmental influences, and minimal family supervision, so that synergy between various parties is needed.

Effectiveness of Local Government Supervision in Small Business Licensing: An Empirical Study of The Ampyang Industry in Gadingan Village in Mojolaban

Amanda Maulida Rohmah — 2026-07-16

The growth of local food-based small businesses, particularly the ampyang industry in Gadingan Village, has demonstrated significant economic contributions, but still faces issues of business legality and weak licensing oversight by the local government. This study offers novelty by specifically analyzing the effectiveness of local government oversight in licensing small businesses at the village level and its implications for legal protection and business development, which have not been widely studied. This study aims to analyze the effectiveness of local government oversight of the legality and development of small businesses in the ampyang industry and examine the views of business actors on the implementation of such oversight. The method used is empirical juridical with a legislative and sociological approach through in-depth interviews and literature studies. The results of the study indicate that supervision has been carried out through data collection, legality checks, licensing socialization, and coaching, which has resulted in increased legal awareness for business actors. However, its implementation has not been optimal due to limited resources, lack of coordination, and uneven oversight coverage. Business actors assess supervision as positive because it not only functions as administrative control but also provides mentoring, increases market confidence, and supports business development. Therefore, the effectiveness of local government supervision plays a crucial role in promoting the sustainability of small businesses based on the local economy.

Legal Certainty of Supervision of Digital Gold Business for Electronic Money Providers in The System Risk-Based Business Licensing

Ananda Putra Herdinansyah — 2026-07-16

Indonesia is a developing country, particularly in the payment systems and digital gold commodity futures trading sectors, where digital platforms combine these two types of businesses. This raises the potential for overlapping supervisory authority between Bank Indonesia and Bappebti and creates legal uncertainty. This study aims (1) to determine and analyze how the supervision of digital gold businesses for electronic money providers is regulated in a risk-based business licensing system; (2) to examine and analyze whether this supervision has fulfilled the principles of legal certainty and clarity of authority from a state administrative law perspective. This research is normative research with a statutory approach method. This study brings innovation by examining providers of electronic money and digital gold in one platform. The main focus is to ensure legal certainty to overcome overlapping authority between Bank Indonesia and Bappebti, by harmonizing the OSS-RBA system. Supervision of electronic money payment systems in Indonesia has been clearly regulated by Bank Indonesia. The regulations are contained in Law No. 23/1999 because Law No. 6/2009. Supervision of digital gold commodity trading is carried out by Bappebti. This is based on Law No. 10/2011. The government currently uses a risk-based business licensing system (OSS-RBA), regulated by Government Regulation No. 28/2025. The merger of electronic money and digital gold trading businesses into oneplatformThis creates legal uncertainty and the potential for overlapping supervisory authority. The government needs to formulate regulations that clearly define the boundaries of responsibility and how to resolve disputes across these sectors. The OSS-RBA system must be utilized comprehensively, not only as a platform for processing permits but also as an integrated supervision database.

Cyber Security Risk Management in Critical Infrastructure and Public Services

Anteng Nirwanto — 2026-07-16

The development of information and communication technology has driven digital transformation in various sectors, particularly critical infrastructure and public services. However, increased connectivity and dependence on digital systems have also been accompanied by increasingly complex cybersecurity threats. This study aims to analyze cybersecurity risk management in critical infrastructure and public services through the stages of risk identification, evaluation, and mitigation. The method used is a systematic literature review by reviewing various academic sources, technical reports, and policy documents related to cybersecurity. The results show that cyber threats such as malware, phishing, DDoS attacks, data leaks, and insider threats are the main risks faced by organizations. Risk evaluation is carried out by considering the level of likelihood and impact, thus determining appropriate handling priorities. Effective mitigation strategies include the implementation of security technologies such as firewalls, IDS/IPS, data encryption, the Zero Trust Architecture approach, increasing human resource capacity, and strengthening security policies and governance. Furthermore, the use of artificial intelligence and machine learning technologies provides innovative solutions for detecting threats in real time. Thus, the implementation of comprehensive and sustainable cybersecurity risk management is essential to improve system resilience and maintain the continuity of public services amidst the ever-evolving dynamics of cyber threats.

Legal Study of The Differences in The Application of Article 2 and Article 3 of The Correspondence Law in Market Development Corruption Cases (Case Study of Decision Number 33/PID.SUS-TPK/2025/PT SMG)

Bagas Adi Priyoga — 2026-07-16

Introduction:Corruption is an extraordinary crime that disrupts legal stability, the economy, and public trust in the government. Because it comprises distinct elements, namely unlawful acts and abuse of authority, Articles 2 and 3 of the Corruption Eradication Law are often interpreted differently in Indonesia's law enforcement system.
Method: In this normative legal research, a case approach is used which is derived from secondary data such as court decisions, laws and regulations, books and scientific journals collected through literature review and descriptive analysis.
Novelty: This research differs from previous research, namely, examining the judge's considerations in the market development corruption case with an emphasis on the differences in how Article 2 and Article 3 of the Corruption Law are applied.
Objective: This study aims to see how judges consider Article 2 and Article 3 of the Corruption Law, as well as the legal consequences of the differences in the application of the two articles in the corruption case of the construction of the Kedungwuni Market, Block F, Pekalongan Regency, which was decided under Number 33/PID.SUS-TPK/2025/PT SMG.
Results: Research shows that the panel of judges applied Article 3 of the Corruption Eradication Law because the defendant's actions more closely resembled abuse of authority in carrying out his duties as a project supervisor, resulting in state financial losses. The legal interpretation of the differences in the application of the two articles relates to differences in the elements of proof, the type of criminal liability, and the potential penalties imposed on the perpetrator.
Conclusion: Therefore, consistency is needed in the interpretation and application of these two articles in order to create legal certainty and fair law enforcement in criminal acts of corruption.

Legal Protection for Student Victims of Bullying at SMPN 2 Ngawi

Fakhrina Wardina Athiroh — 2026-07-16

This study aims to determine the implementation of legal protection for students who are victims of bullying in SMPN 2 Ngawi and to identify the inhibiting factors in providing such protection. The research method used is a juridical-empirical approach with primary data collection through semi-structured interviews with the Principal, Guidance and Counseling Teachers (BK), homeroom teachers, and students, while secondary data includes an analysis of various laws and regulations related to child protection and human rights. The results of the study indicate that the implementation of legal protection in SMPN 2 Ngawi is carried out through preventive channels such as socialization of rules of conduct, the formation of an Anti-Bullying Task Force, and strengthening religious character, as well as repressive channels through objective investigations, restorative mediation, and assertive counseling for victims which are substantially in line with Law No. 35 of 2014. However, the effectiveness of this protection still faces obstacles in the form of normalization of bullying actions.bullyingwhich is considered a joke, the victim's reluctance to report due to intimidation, and differences in perception between the school and the student's parents.

The Authority of Police Investigative in Implementing Diversion on Children in Conflict with The Law as Reviewed from The Principles Best Interests of The Child (Study at the PPA Unit of the Grobogan Police)

Mustika Ayu Ariftiyani — 2026-07-16

Introduction: Children, as individuals in their developmental phase, require special protection when dealing with the law to avoid the negative impacts of the formal justice system. This research is motivated by the important role of investigators from the Grobogan Police Women and Children Unit (PPA) in implementing diversion to guarantee children's rights. This research uses an empirical juridical approach to analyze the factual application of legal norms in the field.
Method: Data was collected through in-depth interviews with investigators from the PPA Unit of the Grobogan Police and literature studies of related regulations.
Novelty: The difference between this article and previous research lies in the specific analytical focus on the effectiveness of investigators' authority in the Grobogan Police jurisdiction in implementing the principle of the best interests of children through the provision of deliberation facilities and the involvement of community leaders as mediators.
Results: The implementation of diversion at the Grobogan Police Women and Children Unit (PPA) is guided by the Child Protection and Child Protection Law (UU SPPA). Investigators act as neutral facilitators, providing deliberation facilities, while mediation is conducted with community leaders to maintain objectivity. The principle of the best interests of the child has been implemented through a communicative-persuasive approach, identity protection, and the fulfillment of children's rights during the investigation process to minimize psychological stress.
Conclusion: The implementation of diversion at the Grobogan Police Women and Children Unit integrates formal regulations with social moral authority through collaborative facilitation involving community leaders. This legal protection prioritizes the principle of the child's best interests, taking into account their mental health and environment. social to prevent trauma and ensure the future well-being of children.

Supervision of The Implementation of UKL-UPL in Medium-Risk Business Licensing based on The Risk-Based Licensing System

Virda Rachma Mulya — 2026-07-16

The transformation of the licensing paradigm in Indonesia from a permit-based system (license-based) into risk-based business licensing through the enactment of Law Number 6 of 2023 and Government Regulation Number 28 of 2025 has brought fundamental implications for environmental protection instruments, especially for medium-risk business activities that use UKL-UPL documents. In line with the perspective of human trust as khalifah fil ard in preserving the earth, integrating ecological values into economic regulations is essential to prevent environmental damage. This normative legal research applies a legislative and conceptual approach with qualitative analysis, aiming to evaluate the effectiveness of supervision of business actors' compliance within the latest regulatory framework that tends to emphasize investment facilitation. The novelty of this research lies in a critical analysis of the problems of post-permit supervision mechanisms integrated into the system. Online Single Submission Risk-Based Approach (OSS-RBA), a crucial dimension for environmental legal certainty which has not been explored in depth. The results of the study indicate that the integration of UKL-UPL into the Business Identification Number or Standard Certificate has created a supervisory transformation that encompasses administrative aspects through periodic report evaluations and substantive aspects through field inspections. However, the findings indicate a disconnect between theoretical norms and practical reality due to the ambiguity of sanction parameters, the limited number of Environmental Supervisory Officers (PPLH) compared to business volume, and the dominance of independent reports with minimal physical verification. Therefore, this study concludes that the current legal system is unable to guarantee legal certainty or optimal protection of ecosystem functions. Strengthening institutional capacity and strict synchronization of operational data are needed to ensure that the UKL-UPL instrument is not degraded into a mere administrative formality for the sake of pursuing investment legality alone.

Judicial Interpretation of the Principle of Equality Before the Law in Maintaining Impartiality in the Handling of Pro Bono Cases at the Surakarta District Court

Welly Cahya Saputra — 2026-07-16

The principle of equality before the law affirms that everyone has equal standing before the law without distinction of social or economic background. This principle relates to the fulfillment of access to justice, including through the provision of free legal aid (pro bono) for the underprivileged. This study aims to examine (1) how judges at the Surakarta District Court interpret the principle of equality before the law in the matter pro bono; and (2) how judges apply the principle of equality before the law to maintain impartiality in the judicial process pro bono. This study uses an empirical legal research method with a socio-legal approach and case studies. Data were obtained through interviews, observations, and literature studies, then analyzed qualitatively. The results show that judges at the Surakarta District Court interpret the principle of equality before the law as the equal standing before the court, regardless of economic background or legal aid status. Judges assess cases based on the arguments, evidence, and facts revealed in court. The application of this principle is reflected in the provision of equal opportunity to the parties in court, from the presentation of arguments, the submission of evidence, witness examination, to the delivery of legal opinions. The judge's neutral attitude in presiding over the trial and the preparation of legal considerations based on facts and legal provisions are also part of efforts to maintain impartiality in case handling pro bono.

Non-Institutional Punishment Model in Child Sexual Violence Cases: An Analysis of The Progressiveness of Restorative Justice Towards Repetition of Criminal Acts

Zerlina Chaira Rani — 2026-07-16

This study examines the legal issues in the criminalization of sexual violence crimes involving children as perpetrators and victims. The main objective of the study is to analyze the legal considerations of the panel of judges in Decision Number 2/Pid.Sus-Anak/2024/PN Skt and to identify the criminalization model for child perpetrators of sexual violence in the Indonesian criminal justice system. The research method used is normative juridical with a descriptive analytical approach through the study of legal documents. The results show that the Surakarta District Court Judge applied the doctrine of statutory rape by affirming that the child victim's consent was legally invalid due to legal incompetence and psychological manipulation, the panel of judges sentenced him to 10 months in prison with a one-year probation period and three months of job training. This decision represents a paradigm shift from retributive justice (imprisonment) to restorative justice, which prioritizes the principle of last resort. The research conclusion confirms that the non-institutional punishment model aims to prevent stigmatization and recidivism among child perpetrators, although on the other hand, it triggers challenges related to disparities in sentencing and fulfilling a sense of justice for victims.

Legal Analysis of The Role of The Transportation Department in Supervising and Taking Action on Overloading Vehicles in Karanganyar Regency

Denisa Yunita Putri — 2026-07-16

Introduction: Overloaded freight vehicles constitute a serious issue in road transportation systems as they contribute to traffic accidents and accelerate road infrastructure damage.
Methods: This study aims to analyze the effectiveness of supervision and enforcement of overloaded freight vehicles by the Transportation Agency of Karanganyar Regency and to identify the obstacles encountered in its implementation. This research employs an empirical juridical method with statutory and field approaches through in-depth interviews and document studies.
Novelty: This research offers a novel contribution by integrating a legal-institutional analysis with empirical findings on the implementation of supervision and enforcement mechanisms, particularly highlighting the limitations of administrative sanctions and intergovernmental authority fragmentation in addressing overloading violations.
R&D: The findings indicate that supervision and enforcement have been carried out through preventive and repressive measures, such as vehicle inspection (VI), weighing at weighbridges, joint operations, ticketing, and load reduction. However, their effectiveness remains suboptimal as violations persist and sanctions are predominantly administrative in nature.
Conclusion: The main obstacles include limited human resources, inadequate infrastructure and authority, economic pressure from freight companies, and structural constraints related to the division of authority between central and regional governments, which restrict the flexibility of supervision.

Halal Certification Obligations for MSMEs: Analysis of Legal Supervision and Compliance Strategy in Kopen Village, Teras District, Boyolali Regency

Ferdian Raid Naufal — 2026-07-16

This study examines the laws and regulations governing halal certification obligations, analyzes compliance strategies and challenges faced by MSMEs in fulfilling halal certification obligations, and analyzes internal and external factors that hinder the fulfillment of these obligations. This research is a qualitative descriptive study with an empirical legal approach. Data collection methods were conducted through interviews and documentation. Data analysis was conducted using Soerjono Soekanto's theory of legal effectiveness using the Miles & Huberman interactive model. This research was conducted in a village that has never been studied before, taking two perspectives simultaneously: the authorized institution and the MSME actors. This study aims to inTo empirically analyze the effectiveness of law enforcement regarding halal certification obligations for MSMEs in Kopen Village, Boyolali Regency. As a center of the shrimp rind industry, Kopen Village faces unique challenges between state administrative obligations and traditional economic practices. Using Soerjono Soekanto's theory of legal effectiveness and the Miles & Hubberman model, this study reveals that the main obstacle lies not in regulations, but rather in the community's legal culture, which prioritizes social trust and limited digital resources. Field findings indicate that the uncertainty of the raw material supply chain from collectors is a critical point hindering certification. The government responded to this reality by postponing the obligation until October 2026 to provide space for more inclusive technical preparation and education. The results of the study indicate that there are laws and regulations governing the halal certification obligation, as well as compliance strategies and challenges faced by MSMEs in the process of fulfilling compliance, both internal and external factors. The results also indicate that these factors are influenced by the relationship between law, law enforcement, facilities or means, and society.

Analysis of Legal Compliance in the Driving License Issuance Process at the Sragen Police, Central Java

Hasna Ayu Puspita Sari — 2026-07-16

This study aims to analyze the level of public legal compliance in the process of obtaining a Driver's License (SIM) at the Sragen Police Resort, Central Java. The findings indicate that the level of compliance is still relatively low, reflected in 12,456 cases of drivers without a driver's license in 2025, or approximately 28% of the total results of raids. This condition is influenced by procedures that are considered complicated, the practice of extortion ranging from Rp50,000-Rp200,000, and a lack of service transparency, which indirectly contribute to the occurrence of traffic accidents. This study uses a descriptive qualitative approach with a legal sociology perspective through a case study at the Sragen Police Resort Satpas from February to March 2026. Primary data were obtained through interviews, questionnaires distributed using purposive and total sampling techniques, and field observations for five days. Secondary data are sourced from laws and regulations and related documents. Data analysis was carried out using triangulation techniques using the theoretical framework of Soerjono Soekanto, Lawrence Friedman's legal rationality, Max Weber's legitimacy, and Everett M. Rogers' diffusion of innovation. In contrast to previous research which tends to be normative or have a general focus, this research emphasizes an empirical approach that is specific to the Sragen region and integrates the SERVQUAL concept to identify gaps between law in books and law in action.The research findings indicate that legal substance, law enforcement officers, and the public are still influenced by the practice of extortion, but this can be improved through service innovations such as the Sidora-Polisi Menyapa program, which can reduce service time by up to 60 minutes. This study recommends the need for reform through service digitization, strengthening officer integrity oversight, and increasing public outreach to achieve transparent and accountable public services and reduce traffic accidents.

Role of The DPR RI in Its Function Budgeting in State Financial Management

Querida Paraninda Pandan Arum — 2026-07-16

The House of Representatives of the Republic of Indonesia (DPR RI) holds a strategic position in state financial management, particularly through the implementation of its budgetary function, which includes budgetary rights. This study focuses on analyzing the DPR RI's role in carrying out this budgetary function, both based on statutory provisions and in practice. The approach used in this research is normative juridical, emphasizing the study of applicable legal norms.
Research findings indicate that in the budgeting process, the Indonesian House of Representatives (DPR RI) has the authority to discuss and approve the Draft State Budget Law (RUU APBN) with the President. This authority is exercised through the DPR's internal apparatus, specifically the Budget Agency (Banggar) and relevant commissions. The legal basis for this mechanism is stated in Article 110 paragraphs (1) and (2) of the MD3 Law. On the other hand, the DPR Ethics Council (MKD) acts as a complementary body responsible for maintaining the integrity, ethics, and honor of DPR members. In the context of the budgeting function, the existence of the MKD has its own significance because every decision related to the budget has a direct impact on state financial governance and the interests of the wider community.

Legal Review of The Criminal Act of Ordering to Damage Cultural Heritage: A Study of Decision Number 174/PID.SUS/2022/PN SKH

Rizal Ardiansyah — 2026-07-16

This study aims to analyze the legal considerations used by the judge in Decision Number 174/Pid. Sus/2022/PN Skh relating to a criminal act involving an order to destroy the Kartasura Baluwarti Fort Cultural Heritage, and to examine this case from an Islamic legal perspective. The method applied in this study is normative juridical, with a statutory approach and a case approach. The results of the study indicate that the panel of judges has applied Article 105 in conjunction with Article 115 paragraph (1) letter a of Law Number 11 of 2010 concerning Cultural Heritage, as well as Article 55 paragraph (1) point 1 of the Criminal Code correctly. All elements of the crime, including the element of intent and the role as the ordering party (doen pleger), has been legally proven based on the evidence presented at trial. The judge sentenced him to one year in prison plus an additional sanction in the form of an obligation to restore the fort's structure. From an Islamic legal perspective, the defendant's actions fulfill the requirements of jarimah (sharia, madi, and adabi) and are categorized as jarimah ta’zir because it damages property that has public interest (hifz al-mal). This action is also classified as fasad. This is strictly prohibited by Islamic law, as it damages non-renewable public assets and historical heritage. Both positive and Islamic law emphasize criminal liability and the importance of protecting cultural heritage as a national identity and historical legacy.

Legal Analysis of Implementation Justice Collaborators in The Indonesian Criminal Justice System in Corruption Criminal Acts (Study of Decision No. 110 K/Pid.Sus/2024)

Tyara Dhali Allfia — 2026-07-16

Introduction: Corruption as an extraordinary crime requires innovative law enforcement strategies, one of which is through justice collaborators, namely perpetrators who work together to uncover other, more dominant perpetrators. In Indonesia, the regulation has been accommodated in various legal instruments, but its implementation still faces obstacles in the form of unclear criteria and inconsistencies in the granting of legal awards. This study uses a normative juridical method with a descriptive analytical approach through a literature study of regulations, doctrines, and court decisions as well as case studies that focus on court decisions. The focus of the study is to analyze the judge's considerations in Decision Number 110 K/Pid.Sus/2024 and the legal consequences of including criminal acts based on Article 55 paragraph (1) of the Criminal Code. The results of the study indicate that the application of justice collaborators is inconsistent. Cooperative defendants are not explicitly recognized as justice collaborators and instead receive increased criminal sentences at the cassation level. This reflects the gap between norms and practice. Therefore, strengthening regulations and clearer guidelines are needed so that their implementation guarantees justice, certainty, and legal benefits.

Differences in Diversion Mechanisms at The Investigation, Prosecution and Examination Stages in Trial

Angga Bintang Putra Pratama — 2026-07-16

Children in conflict with the law require special protection to avoid the negative impacts of the formal, repressive, and potentially stigmatizing criminal justice process. The Indonesian juvenile justice system responds to this need through a restorative justice approach, manifested in the diversion mechanism, which diverts the resolution of juvenile cases from the criminal justice process to out-of-court settlements. However, the implementation of diversion at each stage of the juvenile justice process still faces procedural differences, normative constraints, and practical obstacles that affect its effectiveness. This study aims to analyze the mechanisms for implementing diversion at the investigation, prosecution, and trial stages of the juvenile justice system. This study uses a normative juridical method with a statutory and conceptual approach and is supported by a literature review through a review of primary legal materials, secondary legal materials, and scientific journals related to diversion and restorative justice. The data obtained are analyzed qualitatively to understand the regulations, differences in mechanisms, and efforts to optimize the implementation of diversion in law enforcement practices. The novelty of this study lies in a comprehensive analysis of the differences in diversion mechanisms at each stage of the juvenile justice process. The research results show that diversion during the investigation stage has a greater chance of success than during the prosecution and trial stages because the case is still in the early stages of resolution. This success is also determined by the willingness of the parties, the role of law enforcement officials, and the support of a conducive social environment. Diversion provides a more humane solution by emphasizing the restoration of relationships between the perpetrator, victim, and the community. It also serves as a crucial instrument for realizing restorative justice and legal protection for children in a more effective and sustainable manner.

Analysis of The Implementation of Business Licensing for Partners of The National Nutrition Agency in Karanganyar Regency

Nabila Salma — 2026-07-16

The implementation of the Free Nutritious Meal Program through a partnership with the National Nutrition Agency requires certainty of business legality, so that business licensing is a crucial aspect in ensuring the accountability and quality of nutrition services in the region. This study aims to explain the practice of implementing business licensing by the National Nutrition Agency partners at SPPG Karanganyar and its supporting and inhibiting factors. This study uses an empirical juridical method with a legislative and sociological approach, qualitative descriptive, with primary data through interviews and secondary data from laws and regulations and legal literature. The results show that the implementation of licensing has been carried out through the OSS system with the fulfillment of basic legalities such as NIB, business risk classification, and administrative and technical verification, although it still requires assistance in understanding business procedures and standards. Supporting factors include policy support, local government facilitation, and institutional coordination, while inhibiting factors include administrative obstacles, low licensing literacy, and social rejection due to the impact of business operations. In conclusion, the implementation of business licensing for partners of the National Nutrition Agency in Karanganyar Regency has been running, but its effectiveness still needs to be optimized through strengthening guidance, supervision, and harmonization of technical regulations.

The Role of The KAKAK Surakarta Foundation as A Companion for Child Grooming Victims through Social Media

Oudya Nisa Tallya Handono — 2026-07-16

The development of social media has expanded the space for children to interact, but at the same time opened up opportunities for child grooming as a form of manipulative approach that leads to sexual exploitation. This condition places children in a vulnerable position due to their inability to recognize external dangers and demonstrates that case handling does not stop at taking action against the perpetrator, but must be accompanied by assistance oriented towards the protection and recovery of the victim. This study uses an empirical legal method with a descriptive nature. Primary data was obtained through interviews with child advocates, administrators of the KAKAK Surakarta Foundation, and related parties, while secondary data was obtained through a literature review of relevant laws, books, and journals. Data were analyzed qualitatively. The novelty of this study lies in its empirical approach that focuses on the practice of victim assistance. Child grooming at the KAKAK Surakarta Foundation, thus examining not only normative aspects but also the dynamics of direct victim handling. The KAKAK Surakarta Foundation plays a role as a companion by providing child rescue, psychosocial support, legal process oversight, and strengthening children's relationships with their families and communities. The main obstacles faced include the victims' psychological condition, weak family support, the vulnerability of digital evidence, the complexity of the legal process, and social stigma. Therefore, it can be concluded that the role of companions in cases of child victimschild grooming must be understood as the implementation of legal protection so that children as victims get their rights because handling is not only measured by the punishment of the perpetrator, but also by the ability of the support system to restore children safely, fairly and with dignity.

Analysis of Legal Certainty of Motorcycle Taxi Business Licensing in the National Transportation Business Classification and Regulatory System

Qurrota Ayuni Fahrunnisa — 2026-07-16

This study analyzes the legal certainty of motorcycle taxi business licensing in the KBLI 49424 business classification and its relationship with the national transportation regulatory system. The study uses a normative juridical method with a statutory and conceptual approach, through an analysis of the 1945 Constitution, Law Number 22 of 2009 concerning Road Traffic and Transportation, the Job Creation Law, the Government Regulation on risk-based business licensing, KBLI 49424, Ministerial Regulation of Transportation Number 23 of 2018, Ministerial Regulation of Transportation Number 12 of 2019, and the SPIONAM regulation. The results of the study indicate that motorcycle taxi businesses have been administratively recognized in the OSS-RBA system through KBLI 49424, but this recognition has not been followed by a sectoral operational licensing mechanism in the transportation sector. SPIONAM as a transportation licensing system also does not accommodate motorcycle taxis as a separate operational permit object. This situation creates a lack of synchronization between business legality in the OSS and operational legality in transportation regulations, resulting in a partial normative vacuum that weakens legal certainty, state oversight, consumer protection, and protection for business actors. Therefore, reintegration of regulations between the OSS, SPIONAM, and national transportation regulations is necessary to ensure the legality of motorcycle taxi businesses has a clearer, more coordinated legal basis and guarantees legal certainty from a state administrative law perspective.

Legal Protection of Contract Workers' Rights to Compensation in Cases of Premature Termination of Employment from The Perspective of Indonesian Positive Law

Shakilla Ardya Wardiyanto — 2026-07-16

Premature termination of employment (PHK) of contract workers is a common problem in the Indonesian workforce. This problem can be detrimental to workers, both economically and legally, primarily due to the loss of income and the face of legal uncertainty. Although there are provisions in the law, in reality, legal protection for contract workers still faces various problems. This study aims to examine the rights of contract workers to receive compensation when their employment is terminated prematurely, from a legal perspective in Indonesia. In this study, the method used is a normative juridical method with a statutory and conceptual approach. Data were obtained by searching for information from laws and regulations, legal books, and scientific journal articles related to legal protection for contract workers who experience premature termination of employment. This study provides a more detailed explanation of the protection of contract workers' rights when experiencing premature termination, with a focus on the preventive and punitive aspects of protection, and analyzes the extent to which its implementation is effective in industrial relations practices in Indonesia. Research shows that legal protection for contract workers' rights is regulated in Law Number 13 of 2003, Law Number 6 of 2023, and Government Regulation Number 35 of 2021. Preventive protection is implemented by regulating the use of PKWT (Fixed-Term Work Agreements) and limiting termination of employment, while repressive protection is implemented by providing compensation and damages. However, the implementation of these protections has been inadequate due to violations by employers, lack of supervision, and workers' low legal understanding.

Legal Protection and Regulation of Thrifting Clothing Businesses: An Analysis of The Legality of Business Permits in Magetan

Muhammad Daqvara Akbar — 2026-07-16

Clothing not only serves as a basic necessity but also becomes part of an individual's lifestyle and identity. Developments in fashion, globalization, and technological advances have driven the emergence of the thrifting trend, which is popular among the younger generation due to its affordable prices, unique designs, and vintage feel. In Magetan Regency, the thrifting clothing business is growing rapidly and becoming a promising economic opportunity. However, the practice of importing used clothing has a negative impact on the domestic textile industry and has the potential to reduce state revenues. Therefore, the government has banned the import of used clothing through various regulations. Nevertheless, thrifting activities are still permitted as long as the goods traded are sourced domestically and comply with applicable legal provisions. This study aims to analyze the legal aspects of the thrifting business in Magetan Regency, specifically regarding business licensing, distribution of used clothing, and legal sanctions for violations. The research method used is empirical law with a sociological juridical approach, through data collection techniques such as interviews, observation, and documentation. The results show that one business actor, the Merapithrifstore Thrifting Shop, has not met legal standards because it does not have a business license. Furthermore, the widespread practice of thrifting reflects a gap between legal norms and social reality. High market demand, weak law enforcement, and the government's persuasive approach are factors contributing to the persistence of this practice. Therefore, the effectiveness of regulation depends heavily on consistent law enforcement and increased public legal awareness.

Cross-Border Personal Data Transfers after the Indonesia-United States Agreement on Reciprocal Trade (ART)

Dodik Setiawan Nur Heriyanto — 2026-07-16

The commitment of the Agreement on Reciprocal Trade (ART) between Indonesia and the United States is a big step forward in how cross-border personal data transfers are handled. In this context, Indonesia has affirmed its dedication to ensuring legal certainty for the transfer of personal data to the United States. This agreement positions Indonesia as unequal, where data under its control can be transferred to the United States without any barriers. This article analyzes the legal ramifications of such commitment through the lens of international treaty law, specifically regarding the necessity of parliamentary approval. Article 10 of Law No. 7 of 2014 on Trade regulated that international trade agreements that have an enormous impact on society, cost the state budget, or require changes to current laws must be approved by law. Because cross-border transfers of personal data could violate basic privacy rights and conflict with Indonesia's data protection laws, the question is whether ART needs the House of Representatives' approval. The Constitutional Court Decision No. 137/PUU-XXIII/2025, on the other hand, offers a different interpretation. It mentions that international agreements about cross-border personal data transfers do not always need to be approved by law. This article critically examines the conflict between statutory mandates and constitutional interpretation, evaluating its consequences for democratic accountability and the safeguarding of individual rights. Furthermore, Indonesian trade law requires legislative approval for any ratification of a trade agreement that has consequences to the domestic economy. The study also contends that transparency in treaty-making processes is crucial for maintaining legal certainty, adherence to constitutional mandates, and the robust safeguarding of personal data in international trade relations.