Vol. 3 No. 1 (2025)

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Issue information

Vol 3, No 1, Juni 2025

Vol. 3 No. 1 (2025)

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Authors' countries

  • Indonesia 10

Articles 5 articles

  • DOI 10.59211/j.lawjustice.v3i1.570

    Legal Review of the Criminal Act of Disseminating Pornographic Content in Decision Number 24/Pid.Sus/2021/PN Tmt Analisis penerapan hukum dan pertimbangan hakim dalam penyebaran konten pornografi digital

    Abstract
    The development of information technology has driven changes in communication patterns, but at the same time has opened space for the crime of distributing pornographic content through electronic media. This article analyzes the application of the law to perpetrators of distributing pornographic content and the judge’s considerations in Decision Number 24/Pid.Sus/2021/PN Tmt. The research uses a normative-empirical legal method with a statutory approach, a case approach, and a conceptual approach. The main data come from court decisions, information obtained in thesis research, laws and regulations, and literature on criminal law, cybercrime, and pornography. The results of the study indicate that the application of Article 4 paragraph (1) letter d in conjunction with Article 29 of Law Number 44 of 2008 concerning Pornography has fulfilled the elements of a legal subject, the act of making pornography, and explicit nudity. The judge’s considerations have included legal and sociological aspects, but the severity of the punishment still needs to be critically examined because the defendant is a member of the National Police, the victim did not give consent, and the content has had a broad social impact. This article emphasizes the importance of proportional law enforcement, oriented toward victim protection and sensitive to the nature of the distribution of pornographic content in the digital space.
    • 0 Citations

    Vol. 3 No. 1 (2025) Articles pp. 6-11

  • DOI 10.59211/mjpjlj.v3i1.577

    Legal Protection of Policyholders in Insurance Agreements in Indonesia A Stage-Based Doctrinal Analysis of Preventive and Remedial Mechanisms

    Abstract
    Insurance agreements allocate specified risks between insurers and policyholders, but disputes may arise over product information, policy wording, claim assessment, and payment of benefits. This article examines the legal framework governing insurance agreements in Indonesia, the preventive and remedial mechanisms available to policyholders, and the limits that can be identified through doctrinal analysis. It uses normative legal research with statutory and conceptual approaches. Primary materials comprise the relevant legislation, particularly the Indonesian Civil Code, the Commercial Code, Law No. 40 of 2014 on Insurance, Law No. 8 of 1999 on Consumer Protection, and the applicable financial-services consumer-protection framework. Secondary materials are used to clarify contractual imbalance, standard-form contracts, and dispute resolution. The analysis distinguishes four stages of the insurance relationship: pre-contractual disclosure, formation and interpretation of the policy, claim handling, and insurer solvency or failure to pay. The framework provides preventive safeguards and avenues for complaints and dispute resolution; however, the existence of these rules alone does not establish how effectively they are enforced in individual cases. The article's contribution is a stage-based synthesis of policyholder protection and a calibrated set of normative recommendations. Because this study does not conduct an empirical review of enforcement decisions or a systematic case study, it does not quantify the frequency of violations or conclude that supervisory failure caused particular losses.
    • 0 Citations

    Vol. 3 No. 1 (2025) Articles pp. 21-24

  • DOI 10.59211/j.lawjustice.v3i1.567

    The Transformation of the Concept and Legal Character of Digital Assets of Economic Value in Indonesian Family Law Reinterpretasi konsep harta keluarga terhadap aset digital bernilai ekonomi

    Abstract
    The development of technology and the digital economy has transformed the form of public wealth from conventional assets into digital assets with economic value, such as cryptocurrencies, digital wallets, marketplace accounts, monetized social media accounts, and various other forms of virtual assets. These developments have also influenced legal relations within the family sphere, particularly regarding joint property, inheritance, and gifts. However, Indonesian family law is still dominated by the conventional property paradigm, which focuses on tangible objects and physical control, thus not fully encompassing the character of digital assets based on electronic systems and digital access control. This study aims to analyze the transformation of the concept and legal character of digital assets with economic value in Indonesian family law and to examine the reinterpretation of the concept of property to accommodate the development of digital wealth in the modern era. The study uses normative legal research methods with a conceptual approach, a statutory approach, and a multidisciplinary approach that combines legal, digital technology, and digital economic perspectives. This study also uses national law, Islamic law, and customary law perspectives to analyze the concept of property in Indonesian society. The results show that digital assets are essentially part of property or wealth because they have economic value and can be controlled, utilized, and transferred in legal relations. However, digital assets possess unique legal characteristics, including intangibility, electronic access control, and reliance on digital systems. These characteristics have led to a shift in the concept of asset control from physical control to digital access control. Therefore, a reinterpretation of the concept of assets in Indonesian family law needs to be directed toward recognizing that digital assets are part of family wealth, with control characteristics distinct from those of conventional objects. This allows Indonesian family law to be more responsive and adaptive to the development of economically valuable digital assets in the digital era.
    • 0 Citations

    Vol. 3 No. 1 (2025) Articles pp. 15-20

  • DOI 10.59211/j.lawjustice.v3i1.568

    Legal Review of the Application of Article 281 of the Criminal Code in Cases of Sexual Violence against Women (Study of Decision Number 13/Pid.B/2021/PN Tmt) Analisis penerapan Pasal 281 ayat (1) KUHP dan pertimbangan hakim dalam putusan PN Tilamuta

    Abstract
    This article aims to analyze the application of Article 281 paragraph (1) of the Criminal Code to sexual violence against women in Decision Number 13/Pid.B/2021/PN Tmt and to examine the basis for the Tilamuta District Court judge's considerations in sentencing. The research uses a normative-empirical legal method with statutory, case, and conceptual approaches. Primary data were obtained from a review of decisions and interviews at the Tilamuta District Court, while secondary data were derived from the Criminal Code, the Criminal Procedure Code, the Law on Sexual Violence Crimes, books, journals, and other relevant legal materials. The results of the study indicate that the application of Article 281 paragraph (1) of the Criminal Code in the case formally accords with the single indictment of the public prosecutor and the legal facts revealed at trial. The elements of "whoever," as well as "intentionally" and "openly violating morality," are deemed fulfilled based on witness statements, the defendant's statement, evidence, and the fact that the act occurred in an open place. However, the one-month-and-fifteen-day prison sentence demonstrates a gap between the evidence of guilt, the impact of the victim's trauma, the victim's objections to forgiving the defendant, and the orientation of sentencing, which should provide stronger protection for female victims. The judge's considerations encompass both legal and sociological perspectives but still need to be strengthened with a focus on victim protection and substantive justice. This article emphasizes the importance of the public prosecutor's careful preparation of the indictment and the need for judges to consider the social, psychological, and gender-relations impacts in cases of sexual violence against women.
    • 0 Citations

    Vol. 3 No. 1 (2025) Articles pp. 1-5

  • DOI 10.59211/j.lawjustice.v3i1.569

    Analysis of legal protection for insurance service consumers based on Indonesian positive law Tinjauan normatif atas bentuk perlindungan hukum dan hambatan implementasinya

    Abstract
    The development of the insurance industry in Indonesia has made a significant contribution to protecting the public from risk. However, in practice, the legal relationship between insurance companies and consumers often gives rise to disputes, particularly regarding claim rejections, standard clauses, and a lack of information transparency. This study aims to analyze legal protection for insurance consumers based on Indonesian positive law and the obstacles to its implementation. This study uses a normative legal research method with a statutory and conceptual approach. The results show that legal protection for insurance consumers is regulated in the Commercial Code (KUHD), Law Number 40 of 2014 concerning Insurance, and Law Number 8 of 1999 concerning Consumer Protection. Legal protection is provided in the form of preventive and repressive protection. However, the implementation of legal protection still faces various obstacles, such as low public financial literacy, weak supervision, and the dominance of insurance companies in standard contracts.
    • 0 Citations

    Vol. 3 No. 1 (2025) Articles pp. 12-14