Unram Law Review

Legal Validity of the Use of Graphonomy as an Evidentiary Instrument in Business Disputes in the Digital Age

2025-03-13T01:55:17+00:00

Business disputes involving document and signature forgery are becoming a growing concern in the digital age, where technology makes it easier to manipulate documents electronically. One method used to prove the authenticity of documents is graphology, which analyzes handwriting and signatures to identify forgery. However, the acceptance of graphology as evidence in the Indonesian legal system, especially in digital business disputes, still faces various challenges. This research examines the legal validity of graphology in proving business disputes in the digital era, as well as the associated challenges and solutions. This study employs a normative legal research method focusing on laws and legal concept analysis. The findings indicate that graphology has the potential to be accepted as legitimate evidence in Indonesian courts. Nevertheless, the main challenge is the lack of clear regulations regarding the use of graphology in a digital context, as well as advancements in forgery technology that make graphological analysis increasingly complex. Additionally, the credibility of graphology experts poses a significant issue, particularly concerning the reliability of the methods used in analyzing digital signatures. As a solution, it is recommended that clearer legal standards and standardized procedures regarding the use of graphology in digital documents be developed. Enhancing judges' and lawyers' understanding of graphology is also an important step to improve the acceptance of this method in court. Thus, graphology can become a credible and effective tool in resolving business disputes involving digital documents.

Implementation of Credit Agreement with Civil Servant Appointment Decree Guarantee

2025-01-07T05:14:14+00:00

This study analyzes the legal review of credit agreements secured by the Appointment Decree of Civil Servants as collateral. The research method used is qualitative juridical normative with a statutory approach. The findings indicate that banks need to assess the repayment capacity of potential borrowers according to their ability, mainly when the SK PNS is used as loan collateral. The certainty of the civil servant's basic salary and the provision of a Salary Deduction Power of Attorney are key factors that assure the bank of the civil servant's ability to repay the credit debt.

The Role of Family Support in the Rehabilitation of Child Victims of Sexual Abuse in Urban Areas under the Framework of Law and Human Rights

2025-03-13T01:46:18+00:00

This journal examines the role of family support in the recovery of child victims of sexual abuse in urban areas, although laws such as law number 35 of 2014 concerning child protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (which focuses on victims), and Law Number 39 of 1999 concerning Human Rights (which focuses on protecting the fundamental rights of every citizen) although related regulation have been enacted to regulate the recovery of child victims of sexual abuse, family support remains essential for their rehabilitation. One important form of family support is the provision of psychological assistances, as part of the family’s efforts to help child victims' recovery. However, there are obstacles to families providing this support. In individualistic societies, past events may be minimized, leading to many family members to believe that recovery is not a priority for child victims. As a result, many children prefer to remain silent rather than face unsympathetic family responses. Therefore, the involvement of the government and social institutions is crucial in supporting the recovery process. Using a normative legal approach, this journal also examines how the government ensures that child victims of sexual abuse receive the necessary support, in accordance with the national legal framework governing child protection.

The Scope Of Liability Of Artificial Intelligence-Based Directors Under Law Number 40 Of 2007 On Limited Liability Companies

2025-03-05T01:32:43+00:00

The rapid advancement of technology has led to numerous innovations that ease human life. Among these, one of the most attention-grabbing developments is the emergence of artificial intelligence (AI). While AI brings a multitude of benefits, its presence also raises various legal issues, particularly in the context of corporate operations. In Indonesia, a company named PT Suryadhamma Investama has employed artificial intelligence to serve as a director, handling administrative tasks and participating in decision-making processes. Normatively (das sollen), this situation creates ambiguity concerning the legal accountability of a director that is an AI, as AI cannot be recognized as a legal subject due to its failure to meet the criteria of legal personhood. Consequently, AI lacks the legal standing to bear legal responsibility. Furthermore, AI cannot be sued or held legally liable because it is not classified as a legal subject under current legal frameworks. Empirically (das sein), this reality further obscures the normative provisions in place. On one hand, an AI-based director can assist companies in making various decisions; on the other hand, it challenges the certainty of legal accountability. Therefore, this study seeks to further elaborate the scope of liability associated with the use of artificial intelligence in corporate operations. The central legal issue explored in this research concerns the regulation of artificial intelligence’s legal liability in the management of a limited liability company under Law Number 40 of 2007 on Limited Liability Companies.The research method employed is normative juridical, utilizing statutory, conceptual, and case approaches.

The Role of The State in Protecting Children After Divorce: A Legal Analysis of Family Law in Indonesia

2025-03-05T01:04:13+00:00

This study explores post-divorce child protection in Indonesia, focusing on the research methodology and relevant discussion results. Qualitative research methods were employed to investigate the experiences and views of parents and experts regarding the implementation of child protection laws after divorce. The results indicate that, although there are regulations governing children's rights, their implementation is often hampered by social, economic, and cultural factors. The findings also suggest that uncertainty in court decisions regarding custody and support negatively impacts children's welfare. This discussion emphasizes the need for more effective law enforcement mechanisms and psychological support for children and parents after divorce. Recommendations from this study include strengthening the capacity of relevant institutions to implement the law and providing assistance programs for families. With an integrated approach, it is hoped that child protection can be carried out comprehensively and sustainably, allowing affected children to grow up in a healthy and safe environment.

Milk Satisfied as An Alternative for Food Diversification for Banten Food Security

2024-08-13T02:32:23+01:00

The dependence of Indonesian society on rice is still ingrained and difficult to replace, let alone abandon. In addition, the recent situation and conditions show a decline in rice production in several regions in Indonesia. This has an impact on the food security of the Indonesian people, especially the people living in Banten. One of the typical foods’ natives to Banten is Milkfish Satay. Milkfish Satay can be an alternative food diversification to avoid the dependence of the Banten people on consuming rice.

The legal issue in this study is whether milkfish satay can be an alternative food diversification for the Banten people and how to campaign for a reduction in their rice consumption. According to the researcher, the purpose of the study is to find out the latest conditions of rice production in Banten so that they can find out how important food diversification is for the Banten people today. The researcher argues that the long-term goal of this study is for the Banten community to consume more than just one staple food because many alternative staple foods can be used as staple foods by following the concept of food diversification according to Law Number 18 of 2012 which discusses food and Government Regulation Number 68 of 2002 which discusses Food Security. Then the researcher uses a method to achieve these goals, namely the normative sociological and normative juridical legal research method, which is descriptive-analytical using primary and secondary data sources which are analysed by the researcher qualitatively.

Victims' Rights as a Consideration in Granting Parole to Prisoners Convicted of Fighting and Persecution: A Case Study of the Class IIA Penitentiary in Pangkalpinang

2025-03-12T10:05:25+00:00

Parole is a prisoner's right that includes four main conditions under Law Number 22 of 2022 concerning Corrections, without considering the rights of victims. The absence of consideration for victims' rights in the conditions for granting parole results in the violation of human rights for victims. This research discusses, first, the clash between victims' rights and prisoners' rights in granting parole to prisoners convicted of fighting and persecution at the Pangkalpinang Class IIA Penitentiary. Second, it examines the rights of victims as a basis for consideration in granting parole to prisoners convicted of fighting and persecution. The purpose of this study is to determine and analyze how the clash of rights and legal protection of victims is related to the granting of parole to prisoners convicted of fighting and persecution in Pangkalpinang City. The research employs an empirical juridical approach, using a statutory approach and data collection techniques through in-depth interviews with qualitative analysis. The results of this study reveal, first, a conflict between the rights of prisoners convicted of fighting and persecution to be granted parole and the human rights of victims due to the absence of consideration for victims' rights in granting parole under Law Number 22 of 2022 concerning Corrections. Preventive legal protection is carried out by the Correctional Institution in collaboration with the Correctional Center, supervised by the Directorate General of Corrections, to form a Community Research policy that listens to the opinions of victims in granting prisoners' rights and supervises to prevent prisoners from repeating criminal acts. Repressive legal protection is in the form of criminal sanctions and administrative sanctions. Second, the consideration of victims' rights in parole is not maximized, as it is only a secondary factor and does not significantly affect the granting of parole to prisoners convicted of fighting and persecution.

Legal Formulation of Public-Private Partnership Designing a Solar Power Plant in Underdeveloped Areas

2025-03-03T03:57:25+00:00

Underdeveloped regions have high potential for Solar Power Plants (PLTS), as data from the Institute for Essential Services Reform (IESR) indicates. The main challenges in developing PLTS in these areas are related to financing and the supply of solar panel materials. Therefore, the implementation of Presidential Regulation No. 105 of 2021 concerning the National Strategy for Accelerating the Development of Underdeveloped Regions for 2020-2024 (Perpres 105/2021) is necessary, mainly through the establishment of silica industry manufacturing companies to support PLTS and financing schemes such as Public-Private Partnerships (PPP) in PLTS development. The research problem focuses on how regulatory implementation in PLTS development can advance underdeveloped regions and how formulating the PPP financing scheme can support PLTS infrastructure development in these areas. This study aims to examine regulations in PLTS development that contribute to the progress of the remote regions and analyse the formulation of PPP financing schemes to accelerate PLTS infrastructure in underdeveloped areas. This study employs normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that establishing silica industry manufacturing companies to support PLTS is essential, with various stakeholders’ support, as Perpres 105/2021 stipulated. Additionally, a specific PPP regulation is required to govern PPP schemes in underdeveloped regions.

Enforcement of International and ASEAN Regional Laws in the Protection of Victim of Piracy

2025-03-13T01:50:30+00:00

Maritime security is an important aspect in maintaining the economic, political, and social stability of a country, especially those with extensive sea areas. The threat of maritime crime, such as ship hijacking, can disrupt international trade activities, damage relations between countries, and endanger the safety of shipping. Therefore, collective efforts between countries are needed to eradicate ship hijacking crimes. In recent decades, ship hijacking crimes have increased in certain waters, both on the high seas (piracy) and in territorial waters (armed robbery against ships). This article discusses law enforcement in order to maintain maritime security at the international and ASEAN regional levels as protection for victims of piracy. This article evaluates how Indonesia, as a country that ratified UNCLOS 1982, faces the challenge of protecting its citizens from ship hijacking crimes. From various cases of ship hijacking that have occurred and involving Indonesian citizens, it shows the lack of effective control by the Indonesian government. Therefore, the Indonesian government is expected to be more proactive in preventing acts of piracy and armed robbery against ships in the future.

Measuring Ecological Loss as State Loss in Illegal Mining Crime

2025-03-05T01:14:00+00:00

The environment is one of the most important elements of life for human life whose rights are guaranteed following Article 28 H of the 1945 Republic of Indonesia Constitution. Therefore, the environment shall be maintained as an ecosystem from pollution and damaged. This research aim is to measure the ecological losses arising from illegal mining crimes as a state loss. This research is normative legal research that uses juridical analysis using a conceptual and a statutory approach. The study results found that ecological losses from illegal mining crimes can be calculated or used as state losses due to damage or loss of function of the environment due to illegal mining which is detrimental to society and the state. Therefore, incorporating ecological damage as a state loss may maintain human rights and environmental rights.

Social Security for Contract-Based Government Employees and Private Sector Workers: A Comparative Study and Ideal Model

2025-03-13T01:49:47+00:00

Contract-based Government Employees (PPPK) fall under the scope of employment law, as do private sector workers. Both PPPK and private workers are entitled to rights regulated by law, one of which is the right to social security protection. However, there exists a significant disparity between the social security benefits received by PPPK and those received by private sector workers. The benefits available to private workers are considered more comprehensive, even though both PPPK and workers are employed under fixed-term agreements and are exposed to similar risks, including the potential loss of employment. This paper examines the current state of social security protection for PPPK and private sector workers, as well as the ideal formulation of a social security system specifically for PPPK. Using a juridical-normative approach and descriptive research method, the study reveals that social security coverage for private workers generally includes health insurance, old age security, pension security, work accident security, death security, and job loss security. Meanwhile, PPPK are currently only entitled to health insurance, work accident security, and death security. Based on these findings, the study proposes that the ideal social security framework for PPPK should also encompass old age security, pension security, and job loss security to ensure more equitable and comprehensive protection in line with the nature and risks of their employment status.

Electronic Product Misinformation Khiyar Rights and Consumer Protection for Online Shopping in the Digital Age

2025-03-05T01:06:11+00:00

This study discusses the phenomenon of misinformation between merchants and consumers in online shopping and its impact on consumer protection in the digital era. E-commerce has changed the way transactions and shopping are done by increasing accessibility, but it also presents risks such as product mismatch, price fraud, and incomplete information. Qualitative methods are used to explore the root of this problem through interviews with consumers and participant observation on e-commerce platforms. Findings include the high frequency of products consumers receive that do not match online descriptions, difficulty handling complaints, and the need for more transparency in return policies. The results of this study indicate the need for improvements in consumer protection regulations and policies to increase trust and integrity in online markets

The Impact of Work Skills Development on Prisoners’ Readiness to Reintegration into Society (Case Study in Narcotics Correctional Institution Class II A Pangkalpinang)

2024-08-29T10:14:07+01:00

The correctional system aims to transform prisoners into complete individuals, admit mistakes in the past, try to improve themselves, and not repeat criminal acts. Based on Law Number 22 of 2022 concerning Correctional, also known as (Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan), the guidance provided to prisoners includes various forms of personality development, which include fostering religious, national and state awareness, increasing intellectual abilities and legal understanding, and fostering independence. This research uses a qualitative descriptive approach, which is used to describe actual conditions in the field regarding the development of independence through job skills training. The authors use secondary data to compose the article. The research results at the Narcotics Correctional Institution Class II A Pangkalpinang show that the coaching activities in the prison, which focus on developing personality and independence, follow Law Number 22 of 2022 concerning Correctional. Most ex-convicts have applied the work skills previously provided by the Narcotics Correctional Institution Class II A. Therefore, it has successfully distributed work skills training to prisoners so that when they leave, they can immediately apply the training that has been provided.

Indonesia’s Foreign Trade Policy in Protecting Domestic Textile Industry Products from the Influx of Illegal Textile Import

2025-03-13T01:52:48+00:00

This study aims to analyze international trade regulations related to the importation of goods into Indonesia; examine the implications of the widespread circulation of illegal textile products on the domestic textile industry; and assess Indonesia’s import policies in providing protection for domestic textile production. This research employs a normative legal method, utilizing both the Statutory Approach and the Conceptual Approach. Legal materials were collected through a literature review, using documentation techniques to analyze various sources of law in the form of statutory regulations. The results of the study indicate that international trade regulations are established in various laws, including Law Number 17 of 2006 concerning Customs; Law Number 7 of 2014 concerning Trade; Law Number 7 of 1996 concerning Food; and Law Number 8 of 1999 concerning Consumer Protection. The widespread circulation of illegal textile products (commonly known as thrifting) has led to several negative impacts, including the closure of numerous domestic textile industries, increased unemployment, and reduced state revenue. To address these issues, the Indonesian government has implemented various policies to protect the domestic textile industry through both preventive and repressive legal measures. Preventive legal protection includes regulations on import policy and supervision, guidance for business actors (producers, importers, and distributors), and public outreach to consumers. Repressive legal protection involves the imposition of administrative, civil, and criminal sanctions on those engaged in the illegal importation of textile products.