JURNAL HERMENEUTIKA is published by the Postgraduate School of Universitas Swadaya Gunung Jati. The purpose of JURNAL HERMENEUTIKA is to compile scientific papers based on research or conceptual studies in the field of law, covering the following areas: Criminal Law, Civil Law, Constitutional Law, Administrative Law, International Law, Law and Community Development, Islamic Law, Business Law, Procedural Law, and Human Rights. JURNAL HERMENEUTIKA accepts submissions from both academics and practitioners, and all manuscripts undergo a blind review process to ensure wide acceptance across various audiences. This scholarly journal is published biannually, in February and August. p-ISSN: 2337-6368 e-ISSN: 2615-4439 DOI: http://dx.doi.org/10.33603/hermeneutika URL: https://jurnal.ugj.ac.id/index.php/HERMENEUTIKA
Sekolah Pascasarjana Universitas Swadaya Gunung Jati
<p style="color: #000000; font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 10px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;">The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to Jurnal HERMENUTIKA, Sekolah Pascasarjana Ilmu Hukum. Universitas Swadaya Gunung Jati as publisher of the journal. Copyright encompasses rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms, and any other similar reproductions, as well as translations. <p style="color: #000000; font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 10px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;">Jurnal HERMENEUTIKA, Universitas Swadaya Gunung Jati and the Editors make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in Jurnal HERMENEUTIKA are the sole responsibility of their respective authors and advertisers.
IMPLEMENTATION OF ADMINISTRATIVE SANCTIONS IN MARINE AND FISHERIES AFFAIRS AT PSDKP CIREBON: EFFORTS TO ESTABLISH LEGAL CERTAINTY
The synchronization of administrative sanctions implementation in marine and fisheries affairs serves as an important instrument in establishing legal certainty for fisheries business actors in the Cirebon region. This research aims to analyze the effectiveness of administrative sanctions implementation by the Marine and Fisheries Resources Surveillance Unit (PSDKP) Cirebon and identify challenges in its implementation according to the new paradigm regulated in Law No. 6 of 2023 concerning Job Creation. The research methodology employs a juridical-normative approach by examining primary data from Law No. 45 of 2009 concerning Fisheries, Law No. 6 of 2023 concerning Job Creation, and Minister of Marine Affairs and Fisheries Regulation No. 28 of 2025, as well as secondary data from PSDKP Cirebon annual reports for the period 2022-2024. Research results indicate that although administrative sanctions have been implemented in a graduated manner, field implementation still faces constraints such as limited human resources, weak inter-agency coordination, and low post-sanction compliance. Research recommendations include regulatory harmonization, surveillance capacity enhancement, and strengthening of technology-based monitoring systems to achieve better legal certainty.
Copyright (c) 2025 Yetik Puspitasari, Moh Sigit Gunawan https://creativecommons.org/licenses/by-sa/4.0
LEGAL JUSTICE IN DIVORCE LAWSUITS DUE TO FINAL CRIMINAL CONVICTIONS
This research aims to analyze the implementation and legal justice in the practice of divorce lawsuits filed on the grounds of a final criminal conviction against one of the spouses. This reason for divorce is unique as it uses a criminal verdict as the primary basis for filing the lawsuit. The study examines how Indonesian courts apply relevant legal provisions, weighs the criteria and limitations used by judges in deciding cases, and evaluates whether these decisions reflect the principles of justice for the plaintiff, the defendant serving the sentence, and third parties like children. Using a normative-juridical approach with an analysis of court decisions (jurisprudence), relevant laws, and literature studies, this research identifies potential justice dilemmas that may arise. On one hand, a divorce lawsuit can be considered a right for the innocent party burdened by their spouse's criminal status. On the other hand, the rights of the party serving the sentence also need to be considered, including their right to maintain the marriage and the potential negative impact of divorce on them and their family. The findings of this research are expected to provide a deeper understanding of the concept of justice in the context of divorce due to criminal conviction, identify potential inconsistencies or gaps in legal implementation, and offer recommendations for improving judicial practice and formulating more just and comprehensive legal policies for similar cases. This research also seeks to integrate human rights perspectives and the best interests of the child into the analysis of legal justice related to divorce on the grounds of criminal conviction.
Copyright (c) 2025 Ali Maungga, Dudung Hidayat, Harmono Harmono https://creativecommons.org/licenses/by-sa/4.0
THE APPLICATION OF DWANGSOM IN THE EXECUTION OF STATE ADMINISTRATIVE COURT DECISIONS IN INDONESIA FROM A JUSTICE PERSPECTIVE
Article 116 paragraph (4) of Law Number 51 of 2009 stipulates that officials who do not implement decisions of the State Administrative Court (PTUN) that have permanent legal force may be subject to coercive measures in the form of forced money (dwangsom) and/or administrative sanctions. This study aims to: first, analyze the legal regulations on dwangsom in the execution of PTUN decisions in Indonesia; second, examine the application of dwangsom by judges in judicial practice; third, examine the implications of the application of dwangsom from a justice perspective. The method used is normative juridical with a statutory, conceptual, and case approach. Data were obtained from primary and secondary legal materials, analyzed qualitatively, with a case study on Decision Number 13/G/2016/PTUN.TPI. The results of the study indicate that the regulation of dwangsom in the execution of PTUN decisions is still partial and not supported by technical regulations. Article 116 paragraph (4) of Law Number 51 of 2009 is not accompanied by detailed guidelines so that its application depends on the judge's initiative and the plaintiff's request, without quantitative or procedural standards. In fact, dwangsom has the potential to be an effective means of pressuring officials to comply with decisions voluntarily and in a timely manner. Weak technical regulations and an unresponsive legal culture have limited its effectiveness. The conclusion of this study confirms that the dwangsom plays a strategic role in ensuring legal certainty and protecting the public's rights from arbitrary government action. Comprehensive technical regulations and the establishment of an independent national enforcement agency are recommended to ensure the practical implementation of PTUN decisions. Thus, dwangsom can function effectively as an instrument for upholding the rule of law and providing justice for those seeking justice.
Copyright (c) 2025 Effendi, Ardiansyah, Robert Libra https://creativecommons.org/licenses/by-sa/4.0
LEGAL PERSPECTIVES ON THE PLACEMENT OF INDONESIAN MIGRANT WORKERS AS A STRATEGY TO PREVENT HUMAN TRAFFICKING
The placement of Indonesian Migrant Workers (PMI) is a strategic issue that not only impacts the national economy but is also closely linked to legal protection and the prevention of human trafficking (TPPO). The prevalence of non-procedural placement practices indicates persisting gaps within the national legal system, leaving PMI vulnerable to exploitation. This study aims to analyze the implementation of PMI placement policies as a legal instrument in preventing TPPO. The research adopts a positivist paradigm with a normative juridical approach, examining statutory regulations, jurisprudence, legal literature, and relevant international documents, complemented by interviews as supporting data. The data were analyzed qualitatively using a descriptive-analytical method to formulate appropriate legal concepts. The findings show that Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers provides a strong legal foundation by regulating protection during pre-placement, placement, and post-placement stages. Furthermore, Law No. 21 of 2007 on the Eradication of Human Trafficking serves as a key instrument in prosecuting illegal recruitment networks. However, the implementation of these regulations still faces challenges, including weak supervision, low legal literacy among prospective PMI, and limited inter-agency coordination. Therefore, TPPO prevention strategies must be carried out comprehensively through strengthening national regulations, optimizing the supervisory role of institutions, improving public legal literacy, and harmonizing with international legal instruments. With such an approach, PMI placement policies can function effectively not only as a mechanism for labor mobility but also as a safeguard against human trafficking practices.
Copyright (c) 2025 darsono https://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF PERSONAL DATA PROTECTION IN FINTECH-BASED FINANCIAL TRANSACTIONS
The rapid development of information technology has transformed the financial sector through Financial Technology (Fintech), which offers convenient access to payment services, online lending, and investment. Behind the opportunities for financial inclusion, Fintech also presents risks of personal data breaches, identity theft, and increasingly complex cybercrimes. This study aims to analyze the legal protection of personal data in Fintech-based financial transactions in Indonesia, with a particular focus on the effectiveness of the implementation of Law Number 27 of 2022 on Personal Data Protection (PDP Law) and related sectoral regulations. Employing a constructivist and critical paradigm with a normative-empirical juridical approach, this research combines legal norm analysis, field-based empirical findings, and comparisons with international standards (GDPR) to provide a holistic overview of personal data protection in the Fintech sector. The findings reveal that although Indonesia’s legal framework is relatively comprehensive, its implementation faces challenges such as fragmented regulations, limited supervisory capacity, technical constraints of regulators, and weak law enforcement against illegal actors. The study also highlights the dominance of administrative sanctions as the primary enforcement mechanism, which serve as short-term corrective measures but fail to create systemic deterrence. Strengthening regulatory capacity, establishing an independent data protection authority, harmonizing sectoral regulations, integrating administrative–civil–criminal enforcement pathways, and enhancing digital literacy are recommended to ensure legal certainty and strengthen public trust in digital financial transactions.
Copyright (c) 2025 Rana Nugraha, Teddy Asmara, Sanusi, Itto Turyandi https://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF THE INDONESIAN ARMY IN THE HUMANE PREVENTION OF TERRORIST CRIMES (CASE STUDY OF CIREBON REGENCY)
The issue of terrorism in Indonesia remains a serious threat that requires a multidimensional approach. Beyond the role of law enforcement agencies, the Indonesian Army (TNI AD) has a strategic position in conducting intelligence-based prevention. Cirebon Regency was chosen as the locus of research because it has a high concentration of current and former terrorists as well as complex socio-religious dynamics. This study aims to examine the Indonesian Army's practices in preventing terrorism and assess their compatibility with the existing positive legal framework. The method used is empirical juridical with a qualitative approach, combining field findings with analysis of legislation and academic literature. The results of the study show that this role is realized through early detection, regional guidance, and community education, with empirical evidence that 83.3% of ex-convicts have successfully reintegrated, although 16.7% still refuse reintegration. There is a gap between Law No. 34 of 2004, Law No. 5 of 2018, and Law No. 17 of 2011 and the practices in the field, which do not yet have adequate technical regulations regarding coordination between the TNI, Polri, and BNPT. The contribution of the Indonesian Army (TNI AD) is considered empirically effective but requires regulatory reformulation so that the involvement of the TNI AD in terrorism prevention is more focused and measurable and remains within the corridor of a democratic state governed by law.
Copyright (c) 2025 Suprinadi, Teddy Asmara, Waluyadi Waluyadi https://creativecommons.org/licenses/by-sa/4.0
LAW ENFORCEMENT OF SHIP SEAWORTHINESS TO ENSURE MARITIME SAFETY
Maritime safety is a fundamental aspect of sea transportation that is closely linked to ship seaworthiness. As an archipelagic state, Indonesia is highly dependent on maritime transport, making the issue of seaworthiness directly related to the protection of human lives, the smooth flow of logistics, and the stability of the national economy. This study aims to analyze law enforcement on ship seaworthiness at the Port of Cirebon and its implications for maritime safety. The research employed a juridical-empirical approach by combining normative analysis of Law No. 17 of 2008 on Shipping with empirical data obtained through interviews, observations, and document studies at the Cirebon Harbor Master and Port Authority (KSOP). The data were analyzed qualitatively using descriptive-analytical techniques to illustrate the gap between legal norms and their implementation in practice. The findings reveal that, although the existing regulations on ship seaworthiness are normatively adequate, their implementation remains far from optimal. The main issues identified include technical deficiencies in ships, unfit safety equipment, limited human resources of harbor masters, and low legal awareness among shipowners. These conditions increase the risk of maritime accidents, which may result in material losses, fatalities, and marine pollution. This research contributes theoretically by reinforcing the concept of a compliance gap in Indonesian maritime law and practically by offering recommendations to strengthen technical regulations, enhance supervisory capacity, utilize modern inspection technology, and promote continuous legal awareness programs. Therefore, the study concludes that effective law enforcement on ship seaworthiness requires synergy between normative provisions and empirical practices to ensure safe, orderly, and sustainable maritime navigation.
Copyright (c) 2025 Dimas Wira Pradana, Waluyadi Waluyadi, Sanusi Sanusi https://creativecommons.org/licenses/by-sa/4.0
Legal Review of Medical Marijuana Use for Patients to Achieve Health
The right to health is a constitutional right guaranteed by the 1945 Constitution and human rights instruments. However, the regulation of narcotics in Indonesia, through Law No. 35 of 2009, still classifies marijuana as a Schedule I narcotic, prohibited for medical purposes. This situation creates a gap between positive law and patients' needs for alternative therapies based on medical marijuana. This study uses a socio-legal approach with qualitative methods, combining primary data (interviews, focus group discussions, case studies) and secondary data (regulations, literature, and international research results). The results show that existing regulations are unable to provide adequate legal protection for patients, despite international medical evidence supporting the effectiveness of medical marijuana in treating epilepsy, cancer, autism, and sleep disorders. Analysis of the theories of Legal Protection, Balance, and Utilitarianism emphasizes the urgency of policies that balance the state's interest in preventing abuse with patients' rights to treatment. This study recommends a phased policy model starting from academic research, clinical trials, and limited distribution under government supervision, so that medical marijuana regulations in Indonesia are more adaptive, based on scientific evidence, and oriented towards protecting patient rights.
Copyright (c) 2025 Hartanto Halim, Sanusi, Sri Primawati Indraswari https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION IMPLEMENTATION FOR WORKERS IN THE ASPECT OF OCCUPATIONAL HEALTH AND SAFETY IN THE CONSTRUCTION SECTOR ACCORDING TO LAW NUMBER 6 OF 2023 ON THE JOB CREATION ACT
The implementation of legal protection for construction workers through the aspect of Occupational Safety and Health (K3) has become an important issue in the era of national infrastructure development. This research aims to analyze the effectiveness of implementing Law Number 6 of 2023 on the Job Creation Act in providing legal protection for construction workers and to identify challenges in the application of the Occupational Safety and Health system in the field. The research method uses a normative-juridical approach by analyzing legislation, policy documents, and practical implementation in the field. The results show that although Law Number 6 of 2023 on the Job Creation Act has provided a comprehensive legal foundation, its implementation still faces obstacles in the form of a gap between national and regional regulations, limitations in supervision, and low compliance among construction business actors. The high number of construction work accidents, averaging 20 cases per year, indicates the need for more effective regulatory harmonization. Research recommendations include strengthening integrated supervision mechanisms, increasing socialization of Occupational Safety and Health regulations, and developing a mandatory Occupational Safety and Health certification system for all construction workers.
Copyright (c) 2025 Retno Citraning Asih https://creativecommons.org/licenses/by-sa/4.0
THE CONCEPT OF RESTORATIVE JUSTICE IN THE RESOLUTION OF CRIMINAL ACTS OF EMBEZZLEMENT OF CUSTOMERS' FUNDS BY BANK EMPLOYEES
Criminal acts of embezzlement of customer funds continue to occur frequently in various banks. Such acts are detrimental to the bank's finances and hinder the economy, especially for those who need quick funds. Embezzlement of customer funds is often committed by bank employees due to their easy access and position as financial officers. The problem is how to resolve criminal acts of embezzlement of customer funds by bank employees so that they are held accountable for their actions. The purpose of this study is to determine the model for resolving criminal acts of embezzlement of customer funds by bank employees due to their position. This study uses an empirical juridical method, with the object being the embezzlement of customer funds at BPR. Data was collected through direct interviews with relevant stakeholders, BPR leaders, police, and perpetrators. This study produced a restorative justice model in resolving criminal acts of embezzlement by bringing together the parties involved, both from BPR X and the bank employee and his family. Both parties agreed not to pursue legal action. The agreement between the two parties was set out in a memorandum of understanding and witnessed by witnesses, the essence of which was that the perpetrator was willing to pay back the money that had been taken, although not in full due to considerations of his long service at the BPR, and was willing to be dismissed. Both parties accepted this, so there was no criminal prosecution. On the one hand, BPR benefited from getting the money back, even if not in full, and on the other hand, the victim was not prosecuted. The good name of BPR and the bank employee was preserved.
Copyright (c) 2026 Rachman Fahrezi, Endang Sutrisno, Sanusi https://creativecommons.org/licenses/by-sa/4.0
RESOLUTION OF CRIMINAL VIOLENCE IN THE HOME RESULTING IN DIVORCE FROM A HUMANISTIC LEGAL PERSPECTIVE
Currently, many divorces are caused by domestic violence. Domestic violence is a violation of human rights and a crime against human dignity that has a serious impact on family integrity. This study aims to analyse the resolution of DV crimes that lead to divorce from a humanistic legal perspective, namely a legal approach oriented towards human values, substantive justice, and the restoration of social relations. The research method used is normative juridical with a legislative, conceptual, and case approach. Data was obtained through literature study and interviews with law enforcement officials and victims of domestic violence who had undergone legal proceedings and divorce. Data analysis was conducted qualitatively with an emphasis on the interpretation of humanistic values in law enforcement practices. This study found that the application of humanistic law was carried out before the divorce proceedings began in the Religious Court, where the judge always asked whether domestic violence had been resolved. Indeed, domestic violence had been resolved through lawyers by bringing the husband and wife together, and they agreed not to proceed with legal action. All parties stated that the most important thing was the desire to divorce, to obtain a decision or to be immediately divorced by the judge at the Religious Court. This has provided protection for the human rights of victims, namely protection to obtain justice, protection of the right to feel safe, protection of the right to life, and protection from torture and cruel treatment.
Copyright (c) 2026 Firman, Teddy Asmara, Sanusi Sanusi https://creativecommons.org/licenses/by-sa/4.0
LEGAL STUDY OF FORENSIC ODONTOLOGY FOR IDENTIFICATION OF NATURAL DISASTER VICTIMS FROM THE PERSPECTIVE OF LEGAL UTILITY
Identification of disaster victims is a crucial part of post-disaster management to ensure the rights of victims and their families to identity certainty are fulfilled. As a disaster-prone country, Indonesia requires an effective identification system that meets international standards. Forensic odontology is one of the primary identification methods recognized by Interpol due to its high level of reliability, especially when the victim's body has suffered extreme damage such as burning, decomposition, or cannot be visually identified. However, several disaster cases in Indonesia demonstrate that the use of forensic odontology is suboptimal and inadequately documented. This study aims to analyze the regulatory aspects governing the role of forensic odontology in disaster victim identification and evaluate its legal benefits. Furthermore, this study examines legal norms related to the preparation and use of universal odontograms as an important instrument in the dental-based identification process. The research method uses a doctrinal legal approach with a legal positivism paradigm and is analyzed using Jeremy Bentham's utilitarian theory to assess the extent to which legal benefits can be realized through the application of forensic odontology. The study results indicate that Indonesia has a strong legal basis for mandatory victim identification, but its implementation is hampered by limited expert resources, minimal awareness among law enforcement officials, and the absence of a uniform national odontogram system. In conclusion, the legal benefits of forensic odontology in disaster victim identification have not been optimally achieved, necessitating regulatory reform, increased institutional capacity, and strengthening of the national dental medical records system.
Copyright (c) 2026 Whildy Audhia Rifdah, Endang Sutrisno, Sri Primawati Indraswari https://creativecommons.org/licenses/by-sa/4.0
NON-PENAL POLICY PRACTICES IN WATER THEFT CRIMES: A CASE STUDY OF THE REGIONAL PUBLIC WATER COMPANY TIRTA KAMUNING IN KUNINGAN REGENCY
The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies. This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.
Copyright (c) 2026 Puteri Arinal Haq, Waluyadi, Teddy Asmara https://creativecommons.org/licenses/by-sa/4.0
LEGAL SYNCHRONIZATION STUDY ON THE ISSUANCE OF DUPLICATE LAND CERTIFICATES AND THEIR LEGAL CONSEQUENCES (A CASE ANALYSIS OF ADMINISTRATIVE COURT DECISION NO. 79/G/2023/PTUN.BDG IN CONJUNCTION WITH THE APPEAL DECISION NO. 8/B/2024/PT.TUN.JKT AND THE JUDICI
This study examines the legal implications arising from the issuance of duplicate land certificates in Indonesia’s land registration system based on the analysis of decisions delivered by the Administrative Court (PTUN), the Administrative High Court (PT TUN), and the Supreme Court in Judicial Review (PK). The research employs a normative juridical method supported by case analysis and prescriptive interpretation. The findings indicate that the regulatory framework consisting of the Basic Agrarian Law of 1960, Government Regulation No. 24 of 1997, and technical land regulations is normatively coherent. The emergence of duplicate certificates is attributed to administrative verification failures by the National Land Agency rather than regulatory disharmony. The judicial decisions consistently identify substantive administrative defects, resulting in annulment, mandatory revocation, and corrective administrative measures. The voluntary execution undertaken by the National Land Agency is legally classified as execution of the judgment. The Supreme Court’s dismissal of the Judicial Review confirms the finality of the annulment and affirms that only certificates issued through lawful procedures possess legal validity. The study highlights the importance of administrative diligence and judicial oversight.
Copyright (c) 2026 Miftahudin, Endang Sutrisno, Sanusi https://creativecommons.org/licenses/by-sa/4.0
LEGAL LIABILITY OF THE MEDICAL COMMITTEE FOR NEGLIGENCE IN THE IMPLEMENTATION OF PHYSICIAN CREDENTIALING A CASE STUDY OF THE FAKE DOCTOR AT PHC HOSPITAL SURABAYA
Credentialing is an essential mechanism for ensuring the quality of medical services and patient safety through the verification of physicians’ competence, legality, and professional track record before clinical privileges are granted. In practice, this process often exhibits weaknesses, particularly when it is carried out administratively without thorough verification. The case of an impostor doctor at PHC Hospital Surabaya serves as a concrete example of a credentialing system failure that allowed an unqualified individual to practice medicine, thereby posing serious risks to patient safety and institutional accountability. This situation underscores the need for an in-depth analysis of the Medical Committee’s responsibility as the primary body in charge of credentialing. This study examines two main issues: first, the forms of negligence committed by the Medical Committee in carrying out physician credentialing; and second, the legal liability of the Medical Committee when such negligence results in medical malpractice. This research employs a normative juridical method using a statute approach and a case approach. Primary legal materials include Law Number 17 of 2023 on Health, Minister of Health Regulation Number 755/MENKES/PER/IV/2011 on the Implementation of Medical Committees in Hospitals, and court decisions related to medical malpractice. The analysis is conducted deductively and qualitatively to interpret legal norms concerning the liability of the Medical Committee. The findings reveal that negligence by the Medical Committee occurs due to inadequate verification of document authenticity, failure to assess ethical and disciplinary records, weak competency evaluations, and the omission of periodic re-credentialing. Such negligence gives rise to administrative, civil, criminal, and ethical responsibilities. This study emphasizes that credentialing based on due diligence constitutes a preventive legal responsibility of hospitals and serves as a legal protection mechanism for patients.
Copyright (c) 2026 Rendy Pramudinta https://creativecommons.org/licenses/by-sa/4.0
THE IMPLICATIONS OF ENVIRONMENTAL MANAGEMENT SYSTEMS ON THE IMPLEMENTATION OF ECONOMIC VALUE PRINCIPLES IN WASTE MANAGEMENT BY STAKEHOLDERS
The environmental management system concerning waste-specifically in the implementation of the economic value principle by stakeholders-is a fundamental duty and a mandatory form of environmental responsibility. As the volume of waste accumulation increases, the threat of environmental degradation grows significantly. The government has exercised its authority based on Law No. 32/2009 on Environmental Protection and Management (PPLH) as the legal foundation for environmental management systems, which includes waste regulation. Synergetic public support for the government is crucial to achieving environmental conservation through economic value principles, primarily to maintain environmental carrying capacity reinforced by legal regulations. The solutions offered are based on human resource values within environmental law, adhering to the principle of intergenerational justice.
Copyright (c) 2026 Ratu Mawar Kartina, Muhamad Noupel https://creativecommons.org/licenses/by-sa/4.0
LEGAL REVIEW OF COPYRIGHT INFRINGEMENT OF MUSIC OR SONGS IN THE FORM OF PUBLIC SERVICE (CONCERT) OF A COMMERCIAL NATURE (STUDY OF THE DECISION OF THE CENTRAL JAKARTA NIAGA DISTRICT COURT NUMBER 92/PDT.SUS-HKI/CIPTA/2024/PN NIAGA JKT.PST)
Copyright infringement of music or songs in the form of public services, such as commercial concerts, is one of the important legal issues in Indonesia, especially related to the economic rights of creators. The case of the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024 shows the use of songs created by the plaintiff by artists and concert organizers without permission and royalty payments. The formulation of the problem in this study is: (1) How are the regulations of the royalty payment system for the use of copyright benefits or related rights in concert performances commercially, and (2) the consideration of the panel of judges in the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024/PN NIAGA Jkt.Pst. In normative juridical analysis, the research examines laws, government regulations, and national royalty mechanisms, including Law No. 28 of 2014 concerning Copyright, Government Regulation No. 56 of 2021, as well as royalty management practices through LMKN. This approach is used to assess the legal compliance of the parties involved and the consistency of the court's decision with copyright law principles. This study aims to analyze the juridical aspects of copyright infringement of music or songs in the form of public services in the form of commercial concerts, focusing on the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024. This study uses a normative juridical qualitative method, with a case study approach, examining the verdict, the deliberations of the panel of judges, and the legal basis used. The results of the study show that the use of songs in commercial concerts without the creator's permission is a violation of the creator's economic rights in accordance with Law Number 28 of 2014 concerning Copyright, and must pay royalties based on Government Regulation Number 56 of 2021 and the LMKN mechanism. The panel of judges emphasized that both singers as performers and concert organizers have joint legal responsibilities, and compensation can be determined proportionally according to the applicable royalty rates. This ruling provides legal certainty and an important precedent for copyright protection in Indonesia, while affirming the obligations of every party that uses copyrighted works for commercial activities.
Copyright (c) 2026 Imas Khaeriyah Primasari https://creativecommons.org/licenses/by-sa/4.0