JOURNAL EQUITABLE

THE URGENCY OF ACCELERATING THE REALIZATION OF THE POLICY GUARANTEE PROGRAM AS AN EFFORT TO PROTECT THE INSURED DUE TO DEFAULT ON INSURANCE COMPANY CLAIMS

Anang Seputro — 2026-06-29

A series of cases of massive claim default, such as the one that befell PT Asuransi Jiwasraya with losses of more than sixteen trillion rupiah and PT Asuransi Jiwa Kresna which harmed thousands of policyholders, clearly reveal the absence of an effective and fast legal protection mechanism for the insured. This study aims to analyze the urgency of accelerating the implementation of the Policy Guarantee Program as a vital instrument of legal protection for policyholders, as well as evaluating the adequacy of the current regulatory framework. The research method used is normative juridical by integrating a legal approach, a conceptual approach, and a comparative legal. The results show that delays in program implementation have the potential to significantly increase the accumulation of policyholder losses and increase systemic risks in the financial services sector. Different from previous research which mostly focused on the urgency of establishing institutional aspects, this study provides a more advanced academic contribution in the form of formulation of concrete recommendations on the substance of Government Regulations that must be issued, including, among others, the determination of policy guarantee value limits, specific criteria for the level of financial health of the insurance companies participating in the program, and an integrated coordination mechanism between financial sector supervisory authorities. Thus, this study offers an applicative normative roadmap to ensure preventive and responsive legal protection before the official implementation deadline.

LEGAL PROTECTION FOR CONSUMERS BUYING AND SELLING USED IMPORTED CLOTHES (CAKAR BONGKAR) ACCORDING TO LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION

Andi Annisa Nurlia Mamonto — 2026-06-29

This study examines the legal protection of consumers in the practice of buying and selling imported secondhand clothing (commonly known as cakar bongkar) within the framework of Indonesian law. The research employs a normative juridical method with a statutory and conceptual approach, focusing on the analysis of Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen and related regulations governing trade and consumer rights. The findings indicate that, in principle, the sale and purchase of secondhand goods are legally valid under civil law, provided that the transaction fulfills the essential requirements of a valid agreement, including consent, legal capacity, a specific object, and a lawful cause, as stipulated in Kitab Undang-Undang Hukum Perdata. However, such transactions must also adhere to transparency principles, particularly in providing accurate and honest information regarding the condition of goods. Furthermore, the study reveals that the circulation of imported secondhand clothing is explicitly prohibited under Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan and Peraturan Menteri Perdagangan Nomor 40 Tahun 2022, due to concerns related to consumer safety and the protection of domestic industries. Consumers are entitled to legal remedies, including compensation and dispute resolution mechanisms, when they suffer losses due to defective or harmful products. Nevertheless, legal protection becomes limited when consumers knowingly engage in transactions involving prohibited goods. Therefore, effective consumer protection requires not only comprehensive regulations but also consistent law enforcement, government supervision, and increased legal awareness among both business actors and consumers.

THE APPLICATION OF ARTICLE 52 OF THE CRIMINAL CODE IN CORRUPTION DECISIONS (DECISION NUMBER 438K/PID. SUS/2021)

Chalxhes Grand Pilar Sinukaban — 2026-06-29

The one-third criminal penalty according to Article 52 of the Criminal Code against Civil Servants who abuse their positions is an essential but often neglected criminal law instrument in Indonesian corruption justice practice. This normative research analyzes the application of Article 52 of the Criminal Code in the imposition of corruption crimes through a study of Decision Number 438 K/Pid.Sus/2021. The results of the study show that although the defendant, a functional prosecutor, is proven to have committed corruption by abusing his position and authority, the provisions of Article 52 of the Criminal Code are not applied to all levels of justice—from district courts, appeals, to cassation. The absence of the application of this article weakens the deterrent effect and is contrary to the principle of accountability of public officials. The findings indicate systematic errors in the implementation of the law that have an impact on the legitimacy of the decision. The application of Article 52 of the Criminal Code must be an imperative juridical obligation, not a facultative option, to realize substantive justice and proportionality of criminal sanctions against state apparatus who abuse their positions.

ECOLOGICAL DYNAMICS OF LOCAL PUBLIC ADMINISTRATION AGAINST GLOBAL TECHNOLOGICAL PRESSURES: GROK AI ON PLATFORM X

Diva Indah Cahyani — 2026-06-29

The development of global artificial intelligence (AI) technology has had a significant impact on social and legal dynamics in Indonesia, one of which is through the use of Grok AI on the X platform (Twitter). This study aims to analyze the interaction between global AI technology and socio-political factors within the ecological framework of Indonesian public administration and examine the implications of the absence of specific AI regulations on the protection of people's digital dignity. The research method used is qualitative descriptive with a case study approach, through direct observation of user activities on platform X and documentation studies of regulations and related literature. The results of the study show that the absence of preventive AI regulations causes the abuse of Grok AI in the form of digital-based sexual harassment and visual manipulation without consent, thus causing ecological disturbances in the Indonesian public administration system. Government responses that tend to be reactive-adaptive, such as the temporary termination of access to Grok AI, reflect the limitations of the legal instruments available. This study concludes that it is necessary to update or establish AI regulations that are specific, binding, and preventive-oriented in order to protect the digital dignity of society and maintain the balance of the digital ecosystem in the midst of global technological pressures.

APPLICATION OF REHABILITATION IN LAW ENFORCEMENT OF NARCOTICS CRIMES

Dwi Putri Melati — 2026-06-29

Acts of narcotics abuse (narcotics-related crimes) are extraordinary crimes. Law Number 35 of 2009 concerning Narcotics explicitly stipulates that narcotics addicts are obliged to undergo medical and social rehabilitation. This provision reflects a paradigm shift in legal policy from a punitive approach to a therapeutic and restorative justice approach, where perpetrators are not only subject to criminal sanctions but are also directed to rehabilitation. This scientific paper uses a normative juridical method, because it focuses on analyzing the implementation of rehabilitation for narcotics-related offenders. Conceptually, the implementation of rehabilitation in narcotics law enforcement in Indonesia is supported by a strong legal foundation both at the national and international levels. Law No. 35 of 2009 concerning Narcotics, Supreme Court Circular Letter No. 4 of 2010, Joint Regulation of the National Narcotics Agency (BNN), National Police of the Republic of Indonesia, Attorney General's Office, and Ministry of Health (2014), as well as Government Regulation No. 25 of 2011—which regulates mandatory reporting mechanisms for narcotics addicts—serve as a clear normative basis for regulating the implementation of rehabilitation for narcotics addicts and abusers.

JURIDICAL DYNAMICS BETWEEN FREEDOM OF DIGITAL EXPRESSION AND DEFAMATION OFFENSES: A CASE STUDY OF MEME MAKING GOVERNMENT OFFICIALS IN THE PERSPECTIVE OF LAW NUMBER 1 OF 2024

M Fauzan Anshari Sembiring — 2026-06-29

This study examines the juridical dynamics between the protection of digital freedom of expression and the enforcement of defamation offenses, with a focus on the creation of internet memes that target government officials. The formulation of the problem in this study centers on the legal limitations of political satire and the potential criminalization of social criticism in cyberspace. The research method used is normative juridical with a legislative approach and a conceptual approach, utilizing primary and secondary legal materials including analysis of the meme case of Bahlil Lahadalia and ITB students. The results of the study show that Law Number 1 of 2024 has accommodated escape devices through Article 45 paragraph (7) which excludes criminal sanctions if the act is carried out in the public interest or criticism. Nevertheless, inconsistencies and ambiguities in interpretation at the level of law enforcement officials on digital visual culture products still occur, so that it has the potential to trigger a chilling effect that threatens the constitutional rights of citizens. This study concludes the need for standard and strict interpretation guidelines for law enforcement officials in order to realize substantive justice

RESPONSIBILITIES OF NOTARIES IN MAKING AUTHENTIC DEEDS BASED ON LAW NUMBER 2 OF 2014 AND THE NOTARY CODE OF ETHICS

Irfan Dwi Kurniawan — 2026-06-29

Notaries have a strategic position as a public official who is authorized by law to make authentic deeds. Deeds made by notaries have perfect evidentiary power and are the main evidence in every legal transaction. Therefore, the legal responsibility of notaries in the process of making authentic deeds is a very important aspect to be studied. This research aims to find out the Responsibilities of Notaries in the Making of Authentic Deeds Based on Law No. 2 of 2014 and the Notarial Code of Ethics and to find out the Formation of Authentic Deeds by the Notary Profession Based on Law No. 2 of 2014 and the Notary Code of Ethics. The method used in this study is normative juridical, with a legal approach and a study of related documents. The results of the study show that notaries can be asked to hold legal answers both civilly, criminally, or administratively, if it is proven that they have committed violations or negligence in carrying out their duties, including in the case of including data that is not in accordance with the circumstances of the case. In addition, the Notary Code of Ethics also provides a binding moral and professional foundation for notaries in carrying out their duties. The conclusion of this study emphasizes that the role and responsibility of legal must be carried out with integrity, prudence, and adhering to the certainty of positive law and professional ethics, in order to maintain public trust and ensure legal certainty in society

TRANSFER OF OWNERSHIP OF REGISTERED TRADEMARK RIGHTS BASED ON LAW NUMBER 20 OF 2016 CONCERNING TRADEMARKS AND GEOGRAPHICAL INDICATIONS

Rehulina Rehulina — 2026-06-29

Intellectual Property is the result of thought in the form of ideas/concepts manifested in the form of discoveries, works of science, literature and art, designs, certain symbols/signs, creations of semiconductor component layouts, and varieties resulting from breeding. Trademark rights are one of the scopes of intellectual property rights. The object of a brand is a sign, whether writing, images, or a combination of writing and images. Trademarks are regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Trademarks are part of Intellectual Property Rights. Trademark rights are a form of compensation and encouragement for people to create. The problem is how the procedure for transferring trademark rights exists. This research is normative and classified as qualitative research. This research uses secondary data sources. Transfer of ownership of trademark rights can be done by inheritance, will, waqf, grant, or license agreement. The transfer of trademark rights is based on an authentic deed made by a Notary. Applications for transfer can be made online through the official website of the Directorate General of Intellectual Property Rights by uploading the required documents. This application for the transfer of trademark ownership creates legal certainty and protection for both the original and subsequent owners, based on the legal transfer. Transfers of registered trademark rights must be registered with the Directorate General of Intellectual Property Rights, accompanied by supporting documentation.

LEGAL VALIDITY OF THE INCLUSION OF ADDITIONAL CONDITIONS BEFORE CREDIT DISBURSEMENT

Roulinta Yesvery Sinaga — 2026-06-29

Credit agreements are standard agreements, which have a tendency to have an imbalance in the bargaining position between creditors and debtors. The inclusion of additional terms in the credit agreement provides a dilemma for prospective debtors to accept or reject these terms. This position puts potential debtors at risk of being weak due to urgent financial conditions. This study aims to examine the legal validity of the inclusion of additional conditions before credit disbursement in bank credit agreements and analyze the position of the inclusion of additional conditions before credit disbursement as a form of application of the bank's prudential principle or the abuse of circumstances. The research was conducted using a normative juridical approach with literature studies and laws and regulations. The results of the study show that the inclusion of additional conditions before the credit agreement is valid and does not violate the provisions of Articles 1313 and 1320 of the Civil Code. Meanwhile, the inclusion of additional requirements if reviewed from Article 1338 paragraph 3 of the Civil Code, should be done in good faith, so that justice and balance are created and there is no indication of abuse of the situation.

RECONSTRUCTION OF THE PENAL SYSTEM POLICY AGAINST CHILDREN OF CYBER CRIME PERPETRATORS BASED ON RESTORATIVE JUSTICE IN THE REFORM OF NATIONAL CRIMINAL LAW

Umar Dinata — 2026-06-29

The development of information technology has given rise to various forms of cyber crime involving children as perpetrators. This condition is a new challenge in the juvenile criminal justice system in Indonesia. The penal system that is still oriented towards punishment is considered not to fully reflect the principles of child protection and the best interests of the child. This study aims to analyze the penal policy for children of cyber crime offenders and reconstruct the restorative justice-based criminal model in the reform of national criminal law. The research method used is normative legal research with legislative, conceptual, and case approaches. The results of the study show that the application of restorative justice to children of cyber crime perpetrators still faces various obstacles, both in terms of regulations, law enforcement officials, and the rapid development of digital technology. Therefore, it is necessary to reconstruct a criminal policy that emphasizes rehabilitation, diversion, digital education, and victim recovery in order to realize a humane and fair national criminal law system.