JUDAKUM: JURNAL DEDIKASI HUKUM

KAJIAN HUKUM TENTANG GANTI RUGI ATAS PENAGIHAN YANG TIDAK SESUAI ETIKA OLEH PERUSAHAAN PINJAMAN ONLINE

Mahliyanti Adelia Warman — Sat, 30 Aug 2025 00:00:00 +0000

Legal protection for loan customers in Indonesia is a multi-layered and integrated system. Its legal foundation begins with civil law principles governing contractual relationships, reinforced by the Consumer Protection Law (UUPK), which specifically recognizes customers as consumers, and detailed by OJK regulations focusing on transparency, data protection, and ethical collection practices. The availability of dispute resolution mechanisms, both non-litigation through the Financial Services Authority (FSA) LAPS (Laps) and litigation through the courts, provides a pathway for customers to enforce their rights. Unethical online loan collection actions, such as the dissemination of personal data, intimidation, and terrorism, constitute unlawful acts (PMH) as regulated by Article 1365 of the Civil Code. This qualification allows customers to claim compensation for losses suffered, including immaterial losses such as psychological suffering and reputational damage. This research was conducted using a descriptive normative approach, with data processing and editing. Qualitative analysis was used in the data analysis process.

HUKUM PERSAINGAN USAHA DI INDONESIA AGAR MENJAMIN PASAR YANG ADIL DAN EFISIEN

Desi Sommaliagustina, Veoni Sinta Nosi — Sun, 31 Aug 2025 13:53:38 +0000

Competition Law in Indonesia, particularly the implementation of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (Anti-Monopoly Law). Business competition is a key driver of economic efficiency and innovation, but is vulnerable to unfair practices such as collusion and abuse of dominant positions that harm consumers and the public interest. This study analyzes the philosophical foundations, legal basis, and scope of Competition Law in Indonesia, which is based on the principles of economic democracy, balance, fair competition, economic efficiency, and the public interest. This article also discusses the central role of the Business Competition Supervisory Commission (KPPU) as an independent institution responsible for law enforcement through monitoring prohibited agreements, prohibiting prohibited activities (including abuse of dominant positions), merger supervision, and legal action.

PERANAN PENASEHAT HUKUM DALAM MEMBERIKAN BANTUAN HUKUM CUMA – CUMA TERHADAP PELAKU PIDANA PADA TAHAP PERSIDANGAN WILAYAH HUKUM PENGADILAN NEGERI BATUSANGKAR

Muhammad Hafis, Desi Sommaliagustina — Sun, 31 Aug 2025 00:00:00 +0000

This study aims to analyze the role of Legal Counsel (PH) in providing free legal assistance to perpetrators of criminal acts at the trial stage in the jurisdiction of the Batusangkar District Court. Legal aid is only a mandate of Law Number 16 of 2011 concerning Legal Aid and Article 56 of the Criminal Code, which guarantees the right of every defendant to obtain a defense, especially for those who are economically disabled. The research method used is an empirical juridical approach by examining laws and regulations, field data, and interviews with judges, legal counsel, and defendants who have received legal assistance. The results of the study show that the role of legal counsel in providing free legal assistance is not only limited to accompanying the defendant at trial, but also includes an explanation of the defendant's rights, the preparation of defense strategies, and efforts to ensure that the judicial process runs fairly according to the principle of fair trial. However, the implementation of legal aid still faces several obstacles, including the limited number of accredited legal advisors, the lack of budget for legal aid, and the lack of public understanding of the right to receive free legal assistance. The role of legal counsel is very important in realizing the protection of the constitutional rights of the defendant and upholding the principle of equality before the law. Increased synergy between legal aid institutions, law enforcement officials, and local governments is needed so that access to free legal aid in the jurisdiction of the Batusangkar District Court can be carried out more effectively and equitably.

REHABILITASI PECANDU NARKOBA SEBAGAI ALTERNATIF PEMIDANAAN DALAM SISTEM HUKUM PIDANA INDONESIA

Delvi Yusril, Robi Syafwar — Sun, 31 Aug 2025 00:00:00 +0000

Drug abuse is a multidimensional crime that not only destroys the individual offender but also threatens social order and national resilience. The conventional penal system, which emphasizes imprisonment, has proven ineffective in reducing the rate of recidivism among drug addicts. This article aims to analyze rehabilitation as an alternative form of punishment for drug addicts within the framework of Indonesian positive law and to assess its effectiveness from the perspective of restorative justice. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that the regulation of rehabilitation for drug addicts is stipulated in Law Number 35 of 2009 concerning Narcotics, particularly Article 54, which mandates that addicts must undergo medical and social rehabilitation. However, implementation in practice still faces various obstacles, especially in law enforcement, the availability of rehabilitation institutions, and the retributive paradigm of legal officers. Rehabilitation as an alternative punishment should be strengthened through criminal policy reforms oriented toward recovery and the protection of human rights rather than retribution. The study concludes that the success of rehabilitation as an alternative punishment largely depends on the synergy between regulation, law enforcement, and social support to restore addicts as productive and dignified human beings.

PELAKSANAAN PROGRAM REINTEGRASI SOSIAL TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS IIA PADANG

Palabi Kunen, Gustafianof Gustafianof — Sun, 31 Aug 2025 00:00:00 +0000

This study aims to analyze the implementation of the social reintegration program for inmates at the Class IIA Correctional Institution in Padang and to identify the supporting and inhibiting factors in its implementation. Social reintegration is an essential stage in the correctional system that functions to prepare inmates to return to society with improved skills, attitudes, and mental readiness. This research employs an empirical juridical approach with data collected through interviews, observations, and documentation studies involving correctional officers, inmates, and other relevant stakeholders. The findings indicate that the implementation of the social reintegration program at the Class IIA Correctional Institution in Padang has been carried out in accordance with Law Number 22 of 2022 concerning Corrections. The program includes personality development, self-reliance training, and collaborative activities with external institutions through the Padang Correctional Center (Bapas) and community organizations. However, several challenges remain, such as limited budget allocation, insufficient number of counselors, low community participation, and the persistent social stigma against former inmates that hinders their reintegration process. Efforts to improve the effectiveness of the social reintegration program should include strengthening inter-agency coordination, enhancing psychosocial support, and establishing partnerships with businesses and vocational institutions. Thus, the main goal of the correctional system—to shape inmates into fully rehabilitated individuals who are aware of their mistakes and capable of contributing positively to society can be optimally achieved