LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara

PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG DIRUGIKAN ATAS SITUS BELANJA ATAS TRANSKSI JUAL BELI SECARA BELANJA ONLINE

Meliyani Turnip, Selamat Lumban Gaol — Mon, 01 Dec 2025 00:00:00 +0000

The main problems of this research are how the buying and selling process occurs on online shopping sites and how business actors are held accountable for losses suffered by consumers in online transactions. This study uses a quantitative method with a normative juridical approach. The data sources include laws and regulations, books, journals, encyclopedias, and other relevant written works. Data processing and analysis were conducted by collecting, reviewing, and analyzing literature and related documents, followed by editing, data reduction, and conclusion drawing. The results of the study indicate that the buying and selling process consists of four stages: offer, acceptance, payment, and delivery. If a consumer suffers a loss, the business actor is required to fully compensate the expenses incurred by the consumer, including both the shipping cost and the price of the purchased item. The implications of this research highlight the need for clear regulations in implementing online transactions, especially in cases of fraud or negligence by business actors who fail to deliver goods to consumers. If a seller is proven negligent three times and refuses to provide compensation or take responsibility, the government should take action by blocking the online store from conducting further internet-based transactions.

OPTIMALISASI PENERAPAN HUKUM PIDANA PENCUCIAN UANG DALAM MENJERAT PELAKU TINDAK PIDANA PERPAJAKAN (Studi kasus putusan pengadilan Rinaldus Andry Suseno)

Immanuel Titus, Rizky Karo Karo — Mon, 01 Dec 2025 00:00:00 +0000

This research is based on the complexity of white-collar crimes involving illegal taxation and money laundering as an attempt to disguise the proceeds of crime. Tax crimes are often only subject to administrative sanctions, making the approach through Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering a more effective legal strategy. This research aims to analyze the application of money laundering articles to perpetrators of tax crimes and assess the effectiveness of this approach in the Indonesian legal system. The research method used is a case study with a normative-juridical approach, using secondary data in the form of court decisions and related laws and regulations. The results show that in the Rinaldus case, the court successfully proved the link between tax crimes as a predicate crime and money laundering as a follow-up. This strategy allows law enforcement officials to ensnare the perpetrator with the threat of harsher penalties and confiscate assets derived from the crime. The conclusion of this research is that the application of money laundering criminal law has proven effective in strengthening law enforcement against tax crimes and increasing the deterrent effect, while also demonstrating progressive developments in the Indonesian economic criminal law system.

PERLINDUNGAN HUKUM NARAPIDANA DARI TINDAK KEKERASAN ANTAR NARAPIDANA DI RUTAN CIPINANG

Laurensius, Subhan Zein Sgn — Mon, 01 Dec 2025 00:00:00 +0000

Legal protection is all efforts to fulfill rights and provide assistance to provide a sense of security to criminals. Legal protection for criminals can be realized in various forms, namely through health services, legal aid, obtaining remission and so on. Legal protection is something that protects legal subjects through applicable laws and regulations and its implementation is enforced by means of a sanction. As a legal state, prisoners' rights are protected and recognized by law enforcement. In Article 12 of Law no. 22 of 2022 concerning Corrections states that prisoners must also have their rights protected even if they have violated the law. In addition, the government of the Republic of Indonesia strives to promote, protect, respect, realize and uphold the human rights of prisoners in detention centers.

PERLINDUNG HUKUM TERHADAP KORBAN KEKERASAN (Analisis Kasus Penganiayaan dan Penistaan Seksual Pada Bulan Mei 2024 di Palu)

I Putu Wira Aditya, Lenny Nadriana — Mon, 01 Dec 2025 00:00:00 +0000

The case of the assault and nudity of a 15-year-old teenager in Palu by two women in May 2024 highlights the complexity of violent crimes, particularly when involving female perpetrators and child victims, and their legal implications. Protection of victims, particularly children and those whose dignity has been degraded, is a priority. This study aims to analyze the laws and regulations related to the protection of victims of assault and nudity in Palu, and to identify the roles and responsibilities of law enforcement officials in providing legal protection. The research method used is a normative one, with a statute approach, using secondary data from a literature review, and qualitative analysis through interpretation of legal materials. The results show that the old and new Criminal Codes (KUHP), the Child Protection Law, and the Witness and Victim Protection Law provide a comprehensive legal framework. The New Criminal Code regulates sexual assault and defamation in more detail (Article 414), while the Child Protection Law provides harsher sanctions for violence against children (Article 80 paragraph 1). The Witness and Victim Protection Law guarantees victims' rights. Law enforcement officials (Police, Prosecutors, Courts, and the Witness and Victim Protection Agency) have a clear, hierarchical role, from rapid response, investigation, prosecution, to sentencing and restitution, which is vital in ensuring protection and justice for victims.

ANALISIS PERTIMBANGAN HAKIM DENGAN DALIL SILENT AGREEMENT PADA PEMUTUSAN HUBUNGAN KERJA (STUDI KASUS PUTUSAN NOMOR : 274/Pdt.Sus-PHI/2020/PN.Bdg.)

Kusyanto, Lenny Nadriana — Mon, 01 Dec 2025 00:00:00 +0000

Unilateral termination of employment is a condition that is very detrimental to workers. Especially if the compensation for the termination is not in accordance with existing laws and ignores the agreements that have been made, it can cause suffering for the workers affected by the termination. The case of termination of employment against workers with fixed-term contracts (PKWT) in case number 274/Pdt.Sus-PHI/2020/PN.Bdg. is an example illustrating a termination that neglects the legal principles such as the principle of pacta sunt servanda in an employment agreement. The researcher also conducted an analysis of the judge's considerations arguing for the silent agreement by the worker to the unilateral termination carried out by the employer. The research was conducted using a normative legal analysis method with a statuta approach. The researchers compared the judges' considerations with existing laws, books, websites, and legal journals related to the case.

ATMOSFER PIDANA DALAM PERDATA

Maniur Sinaga — Mon, 15 Dec 2025 00:00:00 +0000

Criminal law and civil law are two legal domains with different functions, objectives, and enforcement mechanisms in the Indonesian legal system. However, in law enforcement practice, a phenomenon known as a criminal atmosphere in civil law often occurs, namely a condition where a civil dispute is accompanied by or transferred to a criminal process. This phenomenon gives rise to various legal issues, ranging from legal uncertainty, the potential criminalization of civil disputes, to violations of the principles of justice and human rights. This study aims to examine the concept of a criminal atmosphere in civil cases, identify the factors causing the transfer of cases from the civil to the criminal realm, and analyze the resulting legal and social impacts. This study uses a normative juridical method with a conceptual approach and legislation, supported by a study of relevant court decisions. The results show that the transfer of civil cases to criminal cases is generally triggered by the misuse of criminal articles, a weak understanding of law enforcement officials regarding the boundaries of breach of contract and criminal acts, and public perception that the criminal route is more effective. The existence of the element of mens rea and the application of the principle of ultimum remedium are the main keys in determining the legal qualification of an act. This study emphasizes the importance of strengthening the principle of ultimum remedium, protection of rights through legal aid, and the professionalism of law enforcement officers to prevent the criminalization of civil disputes and maintain legal certainty and justice in the Indonesian justice system.

PENANGANAN PELANGGARAN TINDAK PIDANA PEMILU OLEH BADAN PENGAWAS PEMILU DI KABUPATEN BANDUNG (Perkara Keterlibatan Kepala Desa Majasetra pada Pemilu tahun 2024)

Kahpiana, Diding Rahmat — Mon, 01 Dec 2025 00:00:00 +0000

The issue of impartiality among village government officials in elections remains a persistent legal problem that threatens the fairness and legitimacy of democratic processes. A concrete example occurred during the 2024 General Election in Bandung Regency, where the Head of Majasetra Village was alleged to have engaged in politically biased actions. This study aims to analyze the legal framework and the implementation of the authority of the General Election Supervisory Agency (Bawaslu) in addressing violations of neutrality by village officials during elections. The research questions focus on: (1) how the law regulates Bawaslu’s authority and procedures in handling electoral crimes, and (2) how Bawaslu Bandung Regency implements that authority in the specific case. This research employs a normative juridical method with statutory, conceptual, and historical approaches, supported by empirical data from the field. The findings indicate that Bawaslu has a solid legal foundation through the Election Law Enforcement Center (Sentra Gakkumdu) for handling electoral violations. However, implementation at the regional level still encounters obstacles, such as limited human resources and weak inter-institutional coordination. Therefore, this study recommends strengthening the regulation of neutrality for village officials, enhancing Bawaslu’s institutional capacity, and ensuring consistent and firm law enforcement.

TINJAUAN YURIDIS PELAKSANAAN REHABILITASI BAGI PENYALAH GUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

Mitarji, Indah Sari — Mon, 01 Dec 2025 00:00:00 +0000

This study aims to explain: About the Legal Review of the Implementation of Rehabilitation for Narcotics Abusers Based on Law Number 35 of 2009 concerning Narcotics, as a positive law in Indonesia in efforts to overcome and rehabilitate narcotics abusers. In Article 54 of Law Number 35 of 2009 concerning Narcotics it is explained that: "narcotics addicts and victims of narcotics abuse are required to undergo medical rehabilitation and social rehabilitation." In addition, the Supreme Court has also issued a Circular Letter of the Supreme Court (SEMA) Number 4 of 2010 concerning the Placement of Victims of Narcotics Abuse and Addicts into Medical Rehabilitation and Social Rehabilitation Institutions. However, there are still many victims and narcotics addicts who are sentenced to prison, not rehabilitation by the court. This study uses normative juridical legal research and a document or literature study method by reviewing laws and regulations, books, and journals related to the title of this thesis. The results of this study indicate that perpetrators of drug abuse for personal use are sentenced to rehabilitation. This is in accordance with Law Number 35 of 2009 concerning Narcotics and Supreme Court Circular Letter (SEMA) Number 4 of 2010.

SERAGAM LORENG YANG TERCORENG AKIBAT PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANGGOTA TNI : STUDI PUTUSAN PENGADILAN MILITER I-03 PADANG NOMOR 60-K/PM.I-03/AL/VIII/2024

Joko Winarta, Subhan Zein Sgn — Mon, 01 Dec 2025 00:00:00 +0000

Crimes occurring within society are diverse in nature, one of which is homicide. Acts of homicide can be perpetrated by anyone, including members of the Indonesian National Armed Forces (TNI). When committed by military personnel, such crimes not only impact the victims and their families but may also tarnish the reputation of the military institution as a whole if not addressed professionally and in accordance with applicable legal standards. This study employs a normative juridical method with a case-based approach. The regulation concerning premeditated murder is stipulated in Article 340 of the Indonesian Criminal Code (KUHP), which prescribes a sentence of life imprisonment or the death penalty. In the 2023 revision of the KUHP, this provision is contained in Article 459, maintaining the same penalties. However, the Indonesian Military Criminal Code (KUHPM) does not regulate premeditated murder. In the case Number 60-K/PM.I-03/Al/VIII/2024, the Panel of Judges at the Military Court I-03 Padang sentenced the defendant to life imprisonment and imposed an additional penalty of dishonorable discharge from military service. The imposition of the maximum sentence for premeditated murder is essential in generating significant social and psychological deterrent effects. Academic studies, empirical research, and scientific publications should be encouraged as forms of social control over military legal practices to ensure that the principle of equality before the law is upheld. The TNI must continuously enhance the mental, psychological, and professional ethical development of all its personnel.

PERTANGGUNGJAWABAN PIDANA DOKTER HEWAN TERHADAP MALPRAKTIK DI KLINIK HEWAN

Lucky Riyandi Chanuraya, Sudarto — Mon, 01 Dec 2025 00:00:00 +0000

This research is motivated by the absence of a specific law (lex specialis) specifically regulating the criminal liability of veterinarians in malpractice cases in Indonesia. This lack of regulation creates legal uncertainty, both for veterinarians as professional medical personnel and for animal owners who suffer losses due to medical negligence. To date, cases of alleged veterinary malpractice can only be processed under general articles in the Criminal Code, such as Articles 359 and 302 of the Indonesian Criminal Code. The purpose of this study is to analyze the applicable legal basis and evaluate the forms of criminal liability that can be imposed on veterinarians in clinical practice. This study uses a normative juridical method supported by an empirical approach through interviews. The theories used include the theory of criminal liability, the principle of lex artis, and the principle of informed consent in assessing professional negligence. Data were obtained through a literature review of laws and legal doctrines, as well as interviews with veterinarians and animal owners. The results indicate that weak implementation of professional standards and low public legal literacy often result in malpractice cases going unreported or not being legally pursued. This study concludes the importance of establishing a Veterinary Practice Law that comprehensively regulates criminal and administrative responsibilities, as well as oversight mechanisms. It is recommended that the government immediately formulate such regulations and strengthen the role of professional organizations in enforcing ethics and legal education.

PERLINDUNGAN HUKUM TERHADAP KREDITUR SEPARATIS PEMEGANG CESSIE DALAM PERKARA KEPAILITAN NOMOR 451/PDT.SUS-PKPU/2021/PN.NIAGA.JKT.PST

Iman Hoeruman, Sudarto — Mon, 01 Dec 2025 00:00:00 +0000

This study aims to analyze the legal protection of secured creditors holding Cessie rights in bankruptcy proceedings, based on case No. 451/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. Cessie, as a legally valid assignment of receivables under Article 613 of the Indonesian Civil Code, should ensure legal certainty for third-party assignees (cessionaries), including in debtor bankruptcy situations. However, practical implementation reveals several procedural obstacles and normative gaps, causing Cessie holders to often be excluded from recognition as secured creditors, thereby losing their right to priority over the collateral. This research applies normative legal methods, using statutory, doctrinal, and case law approaches. The findings indicate that Indonesia’s current legal framework has not fully accommodated the position of Cessie holders, particularly regarding formal recognition and the inheritance of collateral rights. Therefore, reform of the Bankruptcy Law is necessary to explicitly regulate the legal status of Cessie holders and ensure protection of their rights during debt suspension and bankruptcy asset distribution. This study contributes to strengthening legal certainty and fairness in the national bankruptcy system.

PERAN KUA DALAM PENCEGAHAN PERNIKAHAN DINI BERDASARKAN UNDANG-UNDANG PERKAWINAN

Laura Abbas Jackson, Diding Rahmat — Mon, 01 Dec 2025 00:00:00 +0000

Early marriage is a serious problem that impacts the social, economic, and psychological aspects of children. The Indonesian government, through Law No. 16 of 2019, has revised the minimum age for marriage for women to 19 years, as a strategic effort to protect children's rights. This study aims to analyze the role of the Office of Religious Affairs (KUA) in preventing early marriage practices as mandated by the law. The research method used is a normative and empirical juridical approach, with data collection techniques through literature studies and interviews with KUA officers and the community. The results show that the KUA has an important role in the legal education process, administrative verification of the age of prospective brides and grooms, and providing recommendations for marriage dispensations. However, structural obstacles are still found such as weak coordination between institutions and limited public access to information on new regulations. Therefore, strengthening the institutional capacity of the KUA and integrating legal education programs comprehensively need to be optimized to achieve maximum legal protection for children.

KEABSAHAN PERJANJIAN KREDIT BANK DAN TANGGUNG JAWAB HUKUM ATAS PEMBERIAN HAK TANGGUNGAN OLEH PIHAK YANG TIDAK BERWENANG

Niru Anita Sinaga — Tue, 16 Dec 2025 00:00:00 +0000

A banking credit agreement is a principal contract that forms the legal basis for the relationship between the bank as the creditor and the customer as the debtor. In banking practice, to ensure the fulfillment of the debtor’s legal obligations, banks require collateral in the form of a Mortgage Right (Hak Tanggungan), which is regulated under Law Number 4 of 1996 concerning Mortgage Rights. The Mortgage Right is accessory to the banking credit agreement and is only legally valid if granted by a party legally authorized in their capacity as the holder of rights over the mortgaged object. However, in practice, there are often cases where the Mortgage Right is granted by an unauthorized party due to lack of ownership, legal incapacity, or failure to obtain the required consent from other parties as mandated by applicable laws and regulations. This issue raises legal implications regarding the validity of the Mortgage Right, the validity of the banking credit agreement as the principal contract, and the legal responsibilities of the parties involved. This study aims to analyze the validity of banking credit agreements when the Mortgage Right is granted without meeting the legal requirements and to examine the resulting legal responsibilities. Using normative legal research supported by statutory and conceptual approaches, the study finds that Mortgage Rights granted by unauthorized parties are legally invalid and therefore do not provide effective legal protection for the bank, without automatically nullifying the banking credit agreement except under certain conditions. These findings underscore the importance of prudence and good faith by banks and related parties in banking operations.

TINJAUAN YURIDIS DASAR MUTASI PEGAWAI PETUGAS KEAMANAN (STUDI KASUS RUMAH TAHANAN NEGARA KELAS I CIPINANG PERIODE TAHUN 2022-2024)

Kartiwa, Niru Anita Sinaga — Mon, 01 Dec 2025 00:00:00 +0000

The importance of security and order in detention centers makes employee transfers a key human resource management tool. Previous research has not critically analyzed the legal basis for transfers, which accommodate fairness and professionalism, as well as the alignment between regulations and actual implementation. The purpose of this study is to determine the regulations governing transfers of security officers in detention centers in Indonesia and to analyze their implementation at the Class I Cipinang Detention Center for the 2022-2024 period. The research method used is normative juridical, supported by empirical evidence, with conceptual, legislative, and case-based approaches. The results show that the regulation of transfers of security officers in detention centers in Indonesia is comprehensively regulated by Law Number 20 of 2023 concerning Civil Servants (ASN), Government Regulation Number 17 of 2020, and Regulation of the Minister of Law and Human Rights No. 8 of 2021. The Class I Cipinang Detention Center for the 2022-2024 period complies with the applicable legal framework, but faces challenges such as employee resistance, a lack of replacement personnel, administrative issues, and minimal communication. Transfers have positive impacts in the form of refreshed personnel and increased security effectiveness, but can have negative consequences if not managed properly.

TANGGUNG JAWAB HUKUM PELAKU USAHA TERHADAP KONSUMEN ATAS PENJUALAN OBAT DENGAN HARGA ECERAN TERTINGGI PADA APOTEK

A.A. Dody Hartawan — Sun, 14 Dec 2025 00:00:00 +0000

In everyday life, the buying and selling transaction process will continue to take place, which will be carried out by business actors and consumers. A standard or price limit set on the selling price of a drug will provide a guarantee to consumers in terms of purchasing drugs at the price set by the Company which will then be sold by the business actor to consumers. The price set is in the form of (HET) Highest Retail Price) which has been set by the Company and has received price approval from the government through the relevant agency. In this case, the formulation of the problem to be discussed is. What is the form of legal protection for consumers who purchase drugs above the Highest Retail Price (HET) and What is the responsibility of business actors towards consumers who are harmed in purchasing drugs above the Highest Retail Price (HET). The type of research used in this study is a normative research type. A form of legal protection that can be put forward for consumers who purchase drugs above the highest retail price is in the form of preventive and repressive legal protection and the responsibility imposed on business actors can be in the form of criminal sanctions, fines, and administrative sanctions.

TINJAUAN HUKUM PP 94 TAHUN 2021 TENTANG DISIPLIN PNS DI LINGKUNGAN PEMERINTAH KABUPATEN BOGOR

Mohamad Nurjen, Sudarto — Mon, 01 Dec 2025 00:00:00 +0000

This study aims to analyze the implementation of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline (PP 94/2021) within the Bogor Regency Government. As part of the bureaucratic reform agenda, PP 94/2021 replaces the previous regulation (PP No. 53 of 2010) by emphasizing the principles of legal certainty, justice, and proportionality in civil servant discipline management. This research employs a normative legal method with a conceptual and statutory approach, supported by document-based data on civil servant disciplinary violations. The findings indicate that the implementation of PP 94/2021 in Bogor Regency faces procedural and bureaucratic obstacles, with 57.6% of violation cases in the first half of 2025 remaining unresolved. The complexity of the existing Standard Operating Procedures (SOP), limited human resources, and suboptimal utilization of digital systems are identified as key challenges. Additionally, administrative law issues arise from the policy of cutting Additional Income Allowances (TPP) for sanctioned civil servants, which, although legally valid, may be disproportionate if not supported by fair and transparent technical regulations. This study highlights the importance of harmonizing legal norms with bureaucratic realities to ensure that civil servant discipline enforcement is effective, equitable, and accountable.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENGGELAPAN FAKTUR PAJAK

Jose Janitra Jaya, Bambang Widarto — Mon, 01 Dec 2025 00:00:00 +0000

Tax crimes such as tax invoice evasion undermine the fairness and effectiveness of the tax system and harm state revenues. The purpose of this study is to determine the regulation and enforcement of laws, as well as the obstacles to tax invoice evasion in Indonesia, as expressly regulated in Law Number 7 of 2021. The research method used was a qualitative method with a normative juridical approach, analyzing tax cases. The results of this study indicate that the regulation and enforcement of laws, as well as the obstacles to tax invoice evasion in Indonesia, are expressly regulated in Law Number 7 of 2021, which provides for imprisonment and heavy fines as a deterrent and compliance improvement measure. However, law enforcement still faces obstacles such as lack of oversight, low taxpayer awareness, inaccurate data, and a lack of transparent bureaucracy. Therefore, synergy between clear regulations, effective law enforcement, and increased awareness and transparency are needed to create a fair, efficient, and sustainable tax system in Indonesia.