Kajian Hukum

Kekaburan Norma Delik Aduan Kohabitasi dalam Pasal 412 KUHP: Tinjauan Asas Legalitas dan Kepastian Hukum

Yonanda Eka Putri, Ni Putu Rai Yuliartini, Dewa Gede Sudika Mangku — Wed, 11 Nov 2026 00:00:00 +0700

The enactment of Law Number 1 of 2023 on the National Criminal Code, which entered into force on January 2, 2026, marks a new chapter in Indonesian criminal law reform, including the criminalization of cohabitation under Article 412 as an absolute complaint offense. Although the legislature has stated that this provision is intended to protect children from the negative impacts of cohabitation, its formulation raises serious normative concerns. This study aims to analyze the regulation of cohabitation as a complaint offense under Article 412 of the New Criminal Code from the perspective of the principle of legality and to examine the legal certainty afforded to orphaned children under the age of 16 in their capacity as complainants. This study employs a normative legal research method using statutory and conceptual approaches. The primary legal materials consist of legislation, while the secondary legal materials comprise legal doctrines and scholarly journals. The findings indicate that Article 412 of the New Criminal Code contains a vague norm (vage norm), as the minimum age requirement for a child to file a complaint is not explicitly stipulated in the provision itself but is instead dispersed across the explanatory provisions of other articles. Consequently, the provision fails to adequately satisfy the lex certa principle as a derivative of the principle of legality. This condition directly affects the legal certainty of an orphaned child whose father has died while the mother is the alleged perpetrator of cohabitation, particularly because Article 25 of the New Criminal Code, which should provide a mechanism for transferring the right to file a complaint, is expressly excluded by Article 412 paragraph (3). This study concludes that Article 412 requires reformulation to ensure fair legal certainty for all parties, particularly children as the most vulnerable legal subjects affected by the provision.

Dualisme Produk Hukum Era Demokrasi Transaksional: Relevansi Teori Mahfud MD pada Pemerintahan Susilo Bambang Yudhoyono

Arini Salsabila, Muhammad Budi Purwanto — Wed, 11 Nov 2026 00:00:00 +0700

The politics of law during the administration of President Susilo Bambang Yudhoyono (2004–2014) represents a critical phase in Indonesia’s post-Reformation legal development. This study aims to comprehensively analyze the politics of law in that era by focusing on three main aspects: the political configuration of the SBY government, the legal products produced, and the relationship between political configuration and the resulting legal products. Using a normative juridical method with a qualitative approach, this research relies on library research through the analysis of primary legal materials (laws and regulations issued during 2004–2014) and secondary materials (academic literature, books, journals, and relevant news). The findings indicate that the political configuration of the SBY era was characterized by a large pragmatic coalition in a presidential multiparty system. This configuration created political stability in the short term but tended to produce transactional and oligarchic practices. Consequently, many legal products showed responsive characteristics in the early period such as laws on anti-corruption, public information disclosure, public services, environmental protection, and social security (BPJS) yet also displayed orthodox or elitist tendencies, particularly in laws related to presidential thresholds and certain economic regulations that accommodated coalition interests. The relationship between political configuration and legal products was evident in the frequent compromises during the legislative process, which often reduced the substantive quality of the laws and led to selective law enforcement and legal uncertainty. This article contributes to the academic discourse by providing a more integrated picture of how democratic political configurations do not automatically produce consistently responsive legal products, offering valuable lessons for future legal policy-making in Indonesia’s multiparty presidential system.

Keadilan Hukum Viralitas dalam Perspektif Perlindungan Terhadap Korban di Indonesia: Refleksi atas Fenomena ‘No Viral, No Justice’

Vincentius Patria Setyawan — Wed, 11 Nov 2026 00:00:00 +0700

The phenomenon of virality-based justice has increasingly emerged in law enforcement practices in Indonesia, marked by a tendency for cases to receive serious attention and handling only after becoming viral on social media. This condition raises questions regarding the effectiveness of the legal system in providing fair and equitable protection for victims. This study aims to examine how virality-based justice influences victim protection and its implications for the principle of justice within the Indonesian legal system. The method employed is normative legal research using conceptual and statutory approaches, analyzed qualitatively. The findings indicate that reliance on virality has the potential to create disparities in protection, where victims whose cases do not attract public attention tend to be neglected. Moreover, this phenomenon fosters social pressure that may affect the independence of law enforcement authorities. Consequently, justice is no longer determined solely by formal legal mechanisms but is also influenced by the dynamics of public opinion in the digital sphere. This study concludes that virality-based justice poses a serious challenge to the Indonesian legal system, as it risks undermining the principle of equality before the law, thereby necessitating stronger and more consistent victim protection mechanisms that do not depend on the level of a case’s virality.

Perlindungan Hukum Korban Non-Consensual Intimate Images (NCII) melalui Right to be Forgotten dalam Sistem Hukum Indonesia

Ni Putu Bunga Puspaning Jenyani, Ni Putu Rai Yuliartini, Dewa Gede Sudika Mangku — Wed, 11 Nov 2026 00:00:00 +0700

The development of information and communication technology has given rise to various forms of digital-based crimes, one of which is Non-Consensual Intimate Images (NCII), namely the distribution or publication of an individual's intimate content without consent. NCII is a form of privacy violation that causes serious impacts on victims, such as psychological distress, reputational damage, social stigma, and the loss of control over personal data and digital identity. In Indonesia, NCII can be categorized as a form of Electronic-Based Sexual Violence (KSBE), which has gained legal recognition through Law Number 12 of 2022 concerning the Law on Sexual Violence Crimes (UU TPKS). However, legal protection for victims still faces various obstacles, particularly regarding the removal of content that has spread in the digital space. This study aims to analyze the legal protection regulations for NCII victims within the Indonesian legal system and to examine the implementation of the Right to be Forgotten (RTBF) as an instrument for privacy rights protection and victim recovery. This study utilizes a normative juridical method with statutory and conceptual approaches. The results indicate that the protection of NCII victims has been regulated in the UU TPKS, the ITE Law, and the Personal Data Protection Law. However, the regulations remain general and have not specifically governed the mechanism for handling NCII. The implementation of RTBF has the potential to provide protection through the removal of content that harms victims, but its effectiveness is still hindered by complex procedures, the limited accountability of digital platforms, and cross-jurisdictional challenges. Therefore, it is necessary to strengthen regulations and implement a more effective RTBF mechanism that is oriented toward victim recovery.

Analisis Kriminologis terhadap Tindak Pidana terhadap Anak oleh Orang Tua Kandung dalam Perspektif Positivisme

Asiyah Malika Pramandani, Ni Putu Rai Yuliartini, Dewa Gede Sudika Mangku — Wed, 11 Nov 2026 00:00:00 +0700

Child-related crimes remain a significant social issue, particularly when committed by biological parents who are normatively expected to provide protection and care. One of the factors frequently associated with the emergence of such crimes is socio-economic pressure, which can disrupt family stability and influence an individual's decision-making process. This study aims to analyze socio-economic factors as criminogenic factors in crimes against children committed by biological parents and to examine this phenomenon through the lens of positivist criminology. This research employs a secondary empirical-juridical research method, integrating both conceptual and case approaches. Secondary data were collected through a literature study of scientific journals, books, relevant regulations, and case studies, then analyzed using a qualitative descriptive method. The findings indicate that socio-economic conditions function as criminogenic factors by creating social and psychological vulnerabilities, which weaken the protective function of the family and lead to a shift in viewing children as commodities with economic value. Empirical evidence is reflected in the case of suspected child trafficking committed by a biological father in Batanghari, Jambi, driven by financial pressure. From the perspective of positivist criminology, such criminal behavior is not viewed merely as an exercise of free will, but rather as the consequence of external socio-economic influences that constrain the offender's human agency. This study emphasizes that combating crimes against children within the family environment requires more than just a repressive law enforcement approach; it necessitates preventive strategies focused on strengthening the socio-economic resilience of families.