Adagium: Jurnal Ilmiah Hukum is a periodical academic journal published by PT Meja Ilmiah Publikasi. This journal specifically studies law and is able to present various results of current and prominent scientific research. The journal's administrator accepts articles that contribute to the development of law and the environment from scientists, academics, professional writers, and researchers. This journal contains research findings, summaries of famous figures, or reviews that are innovative and solution-oriented in the field of law. Articles in this journal are published twice a year, in January and July.
Published: 2025-07-20
Articles
Legal Protection for Victims of Homosexual Violence in Pesantren Linked to The Educational Goals of Pesantren
120-136
This research aims to determine and analyze the legal responsibility of Pesantren that ignore victims of homosexual violence in Pesantren in relation to legal protection for victims of homosexual violence in Pesantren in relation to the educational goals of Pesantren. The research method used is a normative juridical approach with qualitative methods to produce descriptive-analytical data. This research resulted in the conclusion that the Pesantren neglect of victims of homosexual violence is a violation that can be subject to administrative sanctions. However, the regulations that accommodate legal protection do not explain the mechanism for providing sanctions and categorizing the level of violations, giving rise to legal uncertainty. Legal protection for victims of homosexual violence in Pesantren is related to the educational goals of Pesantren; a) preventing sexual violence through the formation of superior individuals; b) preventing sexual violence by improving the quality of life of the community; c) development of Islamic values rahmatan lil 'alamin; d) the implementation of Pesantren based on national law.
Testing Transparency and Public Participation in Legislative Politics: Reflections on the National Legislation Plan (Prolegnas) and Regional Legislation Plan (Prolegda) in Indonesia
137-164
This article discusses the structural and normative obstacles to realizing meaningful public participation in the preparation of legislative programs. The National Legislation Program (Prolegnas) and Regional Legislation Program (Prolegda) serve as the primary instruments for planning statutory law making in Indonesia. Ideally, both programs should be formulated in a participatory and transparent manner to align with the needs of the public. However, in practice, the legislative planning process remains elitist and opaque, resulting in a disconnect between the enacted legal products and public aspirations. This study employs a library research method with a normative-juridical and critical-theoretical approach to examine the extent to which public participation and transparency are accommodated in the drafting of legislative programs, as well as to identify existing barriers. The findings indicate that public involvement remains symbolic and insufficiently institutionalized within the legislative system. Structural obstacles such as elite domination and normative limitations, including the lack of detailed regulations on public participation mechanisms, are identified as major factors. This study recommends strengthening participatory mechanisms and information transparency at every stage of Prolegnas and Prolegda formulation as part of a broader legal-political reform rooted in deliberative democracy.
An Analysis of the Gorontalo Provincial Bawaslu’s Ruling on the Resolution of Administrative Violations Concerning Voter Relocation
165-191
This study aims to analyze how the Gorontalo Provincial Election Supervisory Body (Bawaslu) issued a decision regarding the settlement of administrative violations regarding voters moving in the election. This study utilizes a normative approach in a qualitative way and analyzes Bawaslu's decisions and relevant laws and regulations. Data collection techniques were carried out through reviewing Bawaslu's decision files and question and answer sessions with interested parties at the election stage. The findings reveal that although Bawaslu's decisions generally incorporate adequate legal reasoning, there remain inconsistencies in the application of norms and procedural standards. Notably, some rulings lack clarity in defining the specific administrative violations, leading to potential legal uncertainty for voters and electoral participants. The study underscores the importance of establishing more consistent and transparent standards in administrative violation adjudication to enhance legal certainty, especially in cases involving voter relocation. The research provides both academic insights and practical recommendations for improving the quality of Bawaslu’s decisions in future elections.
Defense Diplomacy in the Perspective of International Law: A Strategy for Achieving Global Security
192-201
Defense diplomacy is a strategic instrument in international relations that emphasizes the use of military power as a means to build trust, prevent conflict, and strengthen security cooperation among states. From the perspective of international law, this form of diplomacy plays a crucial role in the development of norms and international regimes aimed at supporting global stability and peace. This article analyzes the strategic role of defense diplomacy within the framework of international law, employing a normative juridical approach and a qualitative method based on recent literature studies. The findings indicate that defense diplomacy is effective in reinforcing collective security regimes and international norms, although it continues to face challenges related to differing national interests, legal interpretations, and issues of state sovereignty. Strengthening the international legal framework is therefore necessary to ensure that defense diplomacy can be conducted fairly, transparently, and in accordance with the principles of international law.
Implementation of the Principles of Justice and Utility in the Determination of Land Compensation Consignment for Disputed Property
202-225
This study aims to answer how the principles of justice and benefit are implemented in determining compensation for disputed land in Decision No. 69/Pdt.P-Kons/2022/PN Gto. This study uses a normative legal method with a legislative approach and case study, where data is collected through literature review of regulations, court decisions, and relevant literature. The results of the study indicate that the judge granted the request for consignment based on Article 42(c) of Law No. 2 of 2012 due to the existence of a ownership dispute that prevented direct payment of compensation. The judge's ratio decidendi emphasized the principle of benefit to ensure the smooth progress of the dam construction project as a public interest, while also guaranteeing the rights of the parties by depositing the compensation funds with the court until the dispute is resolved. This ruling constitutes a legally valid and pragmatic solution to overcome land acquisition obstacles caused by disputes, but it raises a dilemma of timely justice for the entitled parties due to the delay in compensation rights is delayed until the ownership dispute is resolved. The impact of this study highlights the importance of strengthening technical guidelines for the implementation of consignment and accelerating the resolution of ownership disputes to achieve legal certainty and justice for all parties involved in land acquisition for public interest.
The Dynamics of the Constitutional Court's Authority in Resolving Regional Head Election Disputes and Its Implications for the 2024 Simultaneous General Elections
226-246
This study aims to analyze the development of the Constitutional Court’s authority in resolving disputes over the results of regional head elections (PHP Kada) and to assess its implications for the coherence of the electoral legal system ahead of the 2024 Simultaneous Elections. Initially, the authority to adjudicate PHP Kada was vested in the Supreme Court based on Article 106 paragraph (1) of Law Number 32 of 2004 on Regional Government. Due to inefficiencies and increased judicial burden, the authority was transferred to the Constitutional Court through Law Number 12 of 2008. However, Constitutional Court Decision Number 97/PUU-XI/2013 declared that regional elections are not part of the national election regime under Article 22E of the 1945 Constitution, and the Court’s jurisdiction was therefore temporary pending the establishment of a specialized judicial body. The legislature's failure to implement this mandate has prolonged legal uncertainty. Subsequently, Decision Number 85/PUU-XX/2022 affirmed that the Court’s authority is permanent as a form of constitutional protection for citizens' voting rights. This study applies a normative juridical method using statutory and conceptual approaches. The findings recommend explicitly incorporating the Constitutional Court's authority into the 1945 Constitution to reinforce institutional legitimacy, ensure legal certainty, and safeguard the sustainability of the simultaneous election system within a constitutional framework.
Implementation of Preventive Policies by the Gorontalo City Police Department Against the Criminal Act of Child Abuse by Stepmothers
247-268
This study aims to analyze the implementation of preventive policies by the Gorontalo City Police in handling cases of child abuse by stepmothers, as well as to identify factors that hinder and opportunities for strengthening these policies in the future. The background of this study is based on the increasing number of cases of violence against children in the family environment, particularly by stepmothers, which have serious physical and psychological impacts on the victims. This phenomenon requires a strategic response from law enforcement agencies and all elements of society to create an effective child protection system. The method used is empirical legal research with a sociological-legal approach. Primary data was obtained through in-depth interviews with perpetrators, victims, and investigators from the Women and Children Protection Unit (UPPA) of the Gorontalo City Police Department, while secondary data was collected through literature review and documentation. Analysis was conducted using a descriptive qualitative approach to organize and interpret field data based on applicable legal theories and principles. The research findings indicate that the Gorontalo City Police Department has implemented various preventive strategies, such as legal awareness campaigns and education, restorative approaches, the establishment of reporting centers and hotlines for child abuse, collaboration with non-governmental organizations, and the optimization of the Community Guidance Unit (BINMAS). These efforts have proven to increase public awareness and strengthen the child protection system, although they still face challenges such as limited resources, low public participation, and uneven legal education. This study has yielded positive outcomes, including a community-based child abuse prevention model and multi-sectoral collaboration that can be adopted in other regions. Recommendations for further research include a more in-depth study of power dynamics within stepfamilies, the effectiveness of community interventions, and the optimization of digital technology in reporting and supporting victims of child abuse.
Proof of Violation of General Principles of Good Governance (AAUPB) as the Basis for a Lawsuit at the PTUN
269-284
This study aims to analyze the standard of proof and the effectiveness of evidence in state administrative disputes based on violations of the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AAUPB). The main focus is to answer how violations of abstract principles can be concretely proven in the proceedings of the State Administrative Court (PTUN), an area fraught with practical challenges for justice seekers. The research method used is normative juridical with statutory, case, and conceptual approaches. Primary and secondary legal materials were analyzed qualitatively to identify evidentiary practices in jurisprudence. The results show that the standard of proof for AAUPB violations is flexible (vrij bewijs), depending on the judge's conviction supported by at least two valid pieces of evidence. Effective proof cannot rely on a single type of evidence but on a synergistic combination of written documents to trace the process, expert testimony to translate abstract norms, and witness testimony to reveal procedural facts. The impact of this research is the provision of a strategic framework for legal practitioners in formulating lawsuits and offering a basis for the development of judicial guidelines to enhance decisional consistency.
Legal Protection For Consumers In Imported Cosmetic Transactions Without A Distribution Permit Through The Marketplace
285-306
Imported cosmetic products circulated through marketplaces without a distribution permit from the Food and Drug Administration (BPOM) are illegal. This action is regulated by various regulations to enforce legal protection for consumers. Legal protection of consumers in the sale and purchase of imported cosmetics without a distribution permit is carried out by the Food and Drug Supervisory Agency (BPOM) which is authorized to supervise the circulation of imported cosmetic products in the marketplace by issuing a distribution permit certification for an imported cosmetic product that meets the standards and/or requirements by the provisions. The purpose of this study is to understand the legal protection of consumers in buying and selling imported cosmetics without a distribution permit from the Food and Drug Supervisory Agency (BPOM) online through the marketplace. This research uses a normative juridical research method with an approach to legislation. This research is descriptive in nature using literature studies which are then processed and analyzed using qualitative data analysis methods. The final result of this research is that consumers and business actors have rights and obligations to uphold legal protection for consumers. Legal protection of consumers in buying and selling imported cosmetics through the marketplace requires cooperation between the government, business actors and consumers.
Legal Protection for Consumers in E-Ticketing Transactions: A Study on Pending Payments and Delayed Ticket Confirmations in the Day6 Concert
307-328
This study aims to examine the legal protections available to consumers in e-ticketing transactions, particularly in instances of issues such as delayed payments and confirmation of electronic tickets. The focus is on the case of the DAY6 3rd World Tour "Forever Young" concert in Jakarta, organized by the Mecimapro promoter, where numerous consumers encountered technical difficulties on the ticket sales platform, especially during payment and ticket confirmation. The research employs a normative juridical methodology, utilizing an analytical approach to Law Number 8 of 1999 on Consumer Protection (UUPK) and Law Number 1 of 2024 regarding Amendments to the ITE Law. The findings indicate that the promoters' handling of these issues did not fully align with the consumer protection principles outlined in the legislation. Indicators of inadequate implementation include a lack of accountability, insufficient information disclosure, and slow responses to consumer complaints. This research underscores the necessity for enhanced oversight, increased accountability among digital business operators, and the effective implementation of consumer complaint mechanisms.
Juridical Analysis of Obstacles in Combating Pornography Cases at the Boalemo Police Department and a Solution-Oriented Approach to Strengthen Victim Protection
329-340
This study aims to analyze the legal and non-legal obstacles in handling pornography cases at the Boalemo Police Headquarters and formulate a solution to strengthen victim protection.
The main questions answered are how legal, technical, and social obstacles affect the effectiveness of handling pornography cases, and what solutions can be implemented to improve victim protection comprehensively. The research method used is empirical juridical with observation techniques, in-depth interviews with investigators, victims, and related parties, as well as documentation of legal documents and relevant literature. The data is analyzed qualitatively by linking the legal and social aspects of the case. The research method used is empirical legal research with techniques of observation, in-depth interviews with investigators, victims, and relevant parties, as well as documentation of legal documents and relevant literature. Data is analyzed qualitatively by linking field findings to victim protection theory and applicable legal provisions. The results of the study indicate that the Boalemo Police have enforced the law against perpetrators of pornography in a procedural manner, maintaining the confidentiality of identities and providing psychological assistance to victims. However, victim protection is still dominated by a repressive approach and is not yet optimal in terms of psychological, social, and economic recovery. The main obstacles found include regulatory disharmony between the Pornography Law and the ITE Law, limited digital forensic facilities, weak inter-agency coordination, low legal and digital literacy among the public, and social stigma towards victims. The findings emphasize the importance of strengthening inter-agency coordination, legal education and digital literacy, as well as developing an integrated victim support system. This study recommends strengthening integrated service units, enhancing the capacity of cyber law human resources, harmonizing technical regulations, and providing preventive education to the public. These findings are expected to serve as a reference for the development of more adaptive and responsive policies and law enforcement practices in protecting victims of digital crimes at both the regional and national levels.
Juridical Implications of Law Number 3 of 2024 on the Authority of the Audit Board of Indonesia (BPK) in Auditing Village Finances
341-354
The study aims to examine the legal implications of Law No. 3 of 2024 on the authority of the Supreme Audit Agency (BPK) in conducting financial audits of villages. The main issue raised is how these regulatory changes expand, clarify, and strengthen the role of the BPK in directly overseeing village financial management, as well as their impact on transparency, accountability, and financial governance in villages. The research approach applied is a legal study from the perspectives of legislation, history, comparison, and conceptual analysis. Information was collected through literature review using official regulations, official documents, legal literature, and relevant previous study findings. The study findings show that Law No. 3 of 2024 provides a stronger legal basis for the BPK to conduct direct audits of villages, no longer limited to audits of district/city budgets. The BPK's authority now includes administrative audits, performance audits, and investigative audits, making village financial oversight more comprehensive and substantive. The impact of these changes is increased transparency, accountability, and public participation in village financial oversight, as well as the strengthening of good governance principles at the village level. This study underscores the importance of strengthening village government capacity, inter-agency collaboration, and the development of open reporting systems to support the effectiveness of village financial oversight in the new regulatory era.
Modus Operandi of the Crime of Sodomy Committed by Teachers Against Their Students
355-367
This study aims to analyze in depth the modus operandi of sodomy crimes committed by teachers against students in educational settings, particularly in Gorontalo City. The main issues raised are the strategies, patterns, and supporting factors that enable sexual crimes to be committed by educators, as well as effective prevention and handling measures. The research method used is empirical law with a qualitative approach, where data is collected through literature review, observation, and direct interviews with law enforcement officials, perpetrators, and relevant parties at the Class IIb Correctional Institution in Gorontalo City. The research findings reveal that the perpetrators' modus operandi is highly structured, beginning with grooming, gift-giving, psychological manipulation, and threats to keep the victims silent. The perpetrators exploit their position and trust as teachers to approach the victims, as well as the economic and psychological vulnerabilities of the students. Environmental, social, and psychological factors play a significant role in shaping the deviant behavior of the perpetrators, while the monitoring systems in schools and families remain weak. The impact of this crime is far-reaching, including psychological distress, academic decline, and social stigma toward the victims. This study emphasizes the importance of strengthening internal monitoring systems in schools, sexual education, professional ethics training for teachers, and collaboration between schools, families, and law enforcement agencies. Research recommendations include the development of a multidisciplinary prevention model and routine evaluations of child protection systems in educational settings.
Juridical Review of Consumer Protection Against Overclaimed Body Care Product Marketing on Marketplaces
368-386
The rapid growth of Indonesia's body care industry is accompanied by the increasing practice of exaggerated marketing claims (overclaim) on online marketplaces. Such practices can harm consumers’ health and finances due to misleading information without sufficient scientific evidence. This study analyzes legal protection for consumers harmed by overclaim marketing based on Law Number 8 of 1999 on Consumer Protection, Law Number 1 of 2024 on Electronic Information and Transactions, and Law Number 36 of 2009 on Health. Using a normative legal method with a qualitative approach, the study finds that overclaim practices violate consumer rights and may incur administrative or criminal sanctions. However, enforcement in the digital sphere faces challenges such as weak supervision, low consumer awareness, and unclear marketplace responsibilities. Thus, synergy among the government, BPOM, marketplaces, and the public is essential to ensure comprehensive and effective consumer protection in the digital era.
The Dual Role of Social Media in Child Sexual Violence Cases
Between Public Advocacy and the Risk of Victim Revictimization
387-398
Child sexual violence is a serious human rights violation with long-term consequences. In the digital era, social media plays a paradoxical dual role in handling these cases. This study aims to analyze the dual role of social media as a public advocacy tool that accelerates the legal process while simultaneously posing a risk of revictimization for child victims. Using a qualitative research method with normative legal and empirical approaches, this study examines legislation, content analysis of viral cases in Indonesia from 2020-2024, and in-depth interviews with child protection activists, legal experts, and law enforcement officials. The findings show that public pressure through social media has proven effective in accelerating law enforcement responses. However, at the same time, unethical exposure such as the dissemination of identities, negative comments, and stigma on digital platforms causes repeated trauma and profound psychological suffering for the victims. This situation is exacerbated by regulatory gaps that are not adaptive to the speed of social media and the low level of public digital literacy. In conclusion, justice that relies on virality is an unsustainable and dangerous system. A fundamental shift is required towards a collaborative approach involving the government, digital platforms, and the public to build a victim-centric digital ecosystem where the protection, recovery, and dignity of the child are the highest priority.
Legal Review of the Determinants of Immoral Acts Against Minors with Mental Retardation
399-412
The purpose of this study is to examine the factors that trigger immoral acts in minors with mental retardation in the jurisdiction of the Bone Bolango Police, as well as to evaluate the extent to which legal protection for victims has been effective. The approach applied in this study is empirical law with qualitative methods, where primary data was collected through interviews with investigators from the Women and Children Protection Unit (PPA), victims, and other related parties, accompanied by direct monitoring of the case handling process. Additional data sources were collected based on official archives, legal regulations, and scientific works. The findings of this study show that the dominant factors causing sexual abuse against children with mental retardation include the victims' limited cognitive and communication abilities, weak family supervision, low legal awareness in the community, and the influence of the environment and the development of information technology. The main challenges in implementing legal protection include limited police personnel, lack of supporting facilities, and social stigma against children with disabilities. The implications of this study emphasize the importance of strengthening an adaptive legal protection system, improving the competence of officials, providing safe shelters, and conducting continuous legal education for the community. This study recommends fostering collaboration between law enforcement agencies, families, and the community in preventive efforts and case handling, as well as promoting the formulation of policies that are more child-friendly toward children with mental disabilities as a preventive measure against sexual crimes.
Determinants of Inhibiting Factors and Strategies of the Boalemo District Prosecutor's Office in Protecting Children as Victims of Sexual Abuse
413-426
This study aims to analyze the determining factors and strategies implemented by the Boalemo District Attorney's Office in protecting children as victims of sexual abuse. The main issue raised is how internal and external obstacles affect the effectiveness of legal protection, as well as what strategies have been and can be implemented to optimize protection for victims. The research method used is an empirical legal approach with data collection techniques through literature review, in-depth interviews with public prosecutors at the Boalemo District Prosecutor's Office, and documentation of child sexual abuse cases handled over the past five years. The data was analyzed using qualitative descriptive methods to obtain a comprehensive picture of the obstacles and legal protection efforts. The results of the study indicate that the main obstacles to legal protection for child victims of sexual abuse in Boalemo include limited trained human resources, a lack of child-friendly facilities and infrastructure, weak coordination between institutions, psychological pressure on victims, and challenges in proving cases in court. Strategies implemented include professional prosecution, legal and psychological assistance, restitution, special training for prosecutors, development of child-friendly facilities, and application of restorative justice principles. The impact of this study shows that these efforts have made a positive contribution to the legal protection of children, although strengthening is still needed in various aspects, especially in cross-sectoral synergy and institutional capacity building. These findings are expected to serve as a reference for the development of child protection policies and practices at the regional and national levels.
Legal Protection for Civil Servant Applicants Regarding Age Limits in Employment Law
427-440
This research aims to analyze the legal protection for applicants of the Civil Servant Candidates (CPNS) regarding the age limit policy in Indonesia, examining the dualism between its legal basis and the potential for discrimination from a Human Rights (HAM) perspective. This study employs a normative juridical research method with a statutory and conceptual approach. Data were qualitatively analyzed from primary legal materials, such as Law No. 5 of 2014 and Government Regulation No. 11 of 2017, as well as secondary legal materials. The findings indicate that while the age limit policy is strongly grounded in law and administrative rationality for efficiency and productivity, it inherently risks creating age-based discrimination. This rigid policy conflicts with the non-discrimination principle in human rights as it may exclude competent candidates based on age stereotypes. The impact of this research is a recommendation for the government to re-evaluate the existing policy towards a more flexible, substantive, and competency-focused recruitment system to ensure justice and equal opportunities for all citizens.
The Juridical Review of Dispute Resolution Models for National Economic Recovery (PEN) Loan by Local Governments
441-458
This study aims to examine the legal aspects and dispute resolution models in the implementation of the National Economic Recovery (PEN) loan program by local governments. The main questions in this study are: (1) what are the legal provisions governing the PEN loan mechanism by local governments, and (2) how are disputes arising from its implementation resolved? The method used is a normative legal approach with descriptive-analytical analysis of legislation, legal doctrines, and case studies related to the implementation of PEN loans in several regions. Data were collected through literature review and analyzed through deductive legal logic interpretation. The research findings reveal that the implementation of PEN loans is based on various regulations, including Law No. 17 of 2003, Law No. 2 of 2020, Government Regulation No. 43 of 2020, Minister of Finance Regulation No. 105/PMK.07/2020, and Government Regulation No. 56 of 2018. However, in its implementation, various disputes have arisen due to breach of contract, weak supervision, and differences in contract interpretation. Dispute resolution can be pursued through litigation or non-litigation channels, including through the LAPS SJK. This study highlights the importance of strengthening contractual regulations and institutional frameworks for local governments to ensure more accountable management of public loans and minimize the potential for disputes in a systematic and effective manner.
Money Politics in the 2024 Merangin Regional Election
459-469
Money politics is the biggest bugbear in every political recruitment, including in regional head elections (pilkada). Through the pilkada, it is expected that qualified regional leaders will be elected according to the will of the people, but in its implementation, one of the "democratic parties" is the display of fraudulent behavior, dishonesty, lies in the campaign and even fooling the public by giving money or goods before voting so that voters choose certain candidates known as money politics. The phenomenon of money politics in the implementation of the Regional Head Election (Pilkada) in Merangin Regency, which refers to the use of money or materials to influence voters' choices, has become a significant problem in the democratic process in Indonesia, including in the Merangin Pilkada. The results of the study show that money politics occurs in various forms, such as giving cash, goods, and political promises to voters and party cadres. Social, economic, and educational factors are the main triggers for the development of this practice. In addition, the practice of money politics threatens the integrity of the Pilkada by reducing the level of political participation of the community and reducing the accountability of regional head candidates. This article suggests the need to strengthen political supervision and education to minimize the negative impacts of money politics in elections and regional elections in Indonesia.