Arena Hukum 2024-04-02T00:00:00+00:00 Arena Hukum Open Journal Systems <p><strong>P-ISSN <a href="" target="_blank" rel="noopener">0126-0235</a> | E-ISSN <a href="" target="_blank" rel="noopener">2527-4406</a></strong><br /><br /><strong><strong><strong>ARENA HUKUM</strong> </strong></strong>is published by Faculty of Law, University of Brawijaya Malang-East Java-Indonesia.<strong> ARENA HUKUM </strong>was a member of <strong>Indonesian Law Journal Association (APJHI). <strong>ARENA HUKUM</strong> </strong>first published in 1979.</p> <p><strong>ARENA HUKUM</strong>, is an open-access peer reviewed journal that mediate the dissemination of academicians, researchers, and practitioners in law. The Editorial aims is to offer an academic platform for cross-border legal research in which boundaries of <strong>the specific topic issues such as Civil Law, Criminal Law, Constitutional Law, Administrative Law and International Law.</strong></p> <p><strong>Arena Hukum</strong> accepted submission from all over the world. All submitted articles shall never been published elsewhere, original and not under consideration for other publication (<strong>For checking Plagiarism, ARENA HUKUM Editorial Board will screen plagiarism with using Turnitin. If it is found plagiarism indication (above 20%), editorial board will automatically reject the manuscript immediately.</strong>).</p> <p><strong>ARENA HUKUM </strong>is published periodically in <strong>April, August and December.</strong></p> <p>All articles submitted to this journal should be used<strong> Chicago Manual of Style 17th edition (full note)</strong> and used references tools such as <strong>Mendeley</strong>. All articles are written in <strong>Bahasa and</strong> <strong>English language</strong>.</p> <p>Since August 2016 we are a proud member of <strong>CROSSREF</strong>. <strong>Arena Hukum</strong> <strong>DOI</strong> <strong>prefix</strong> is <strong>10.21776</strong>. Therefore, all articles published by <strong>Arena Hukum</strong> will have unique<strong> DOI number</strong>.<strong> </strong></p> <p><strong>ARENA HUKUM </strong>has been indexed in<strong> ISJD, IPI, GOOGLE SCHOLAR</strong>, <strong>ONESEARCH</strong>, <strong>EBSCO</strong> and under-reviewed at<strong> ASEAN CITATION INDEX </strong>and<strong> PROQUEST</strong>.</p> <p><strong>ARENA HUKUM</strong> has been also accredited for five years as scientific journal based on<strong> Ministry of Research, Technology and Higher Education of the Republic of Indonesia SK No 158/E/KPT/2021 </strong>dated 29th December 2021 (2021 - 2025) and indexed in <strong>SINTA 2.</strong></p> <p>We would like to announce that <strong>ARENA HUKUM</strong> has added more articles. This changes is starting from April 2018 (Vol. 11 No. 1) edition. Adding more articles from <strong>8</strong> to <strong>10</strong> is to increase <strong>ARENA HUKUM</strong>'s citation. It is also to reduce the waiting time of accepted manuscripts to be published in our database.</p> Tajdid Ushul Fiqh’s Husein Muhammad And Reformulation Of Women’s Jurisprudence 2023-09-12T03:57:46+00:00 Siti Rohmah Tutik Hamidah Erfaniah Zuhriah Fadil SJ <p><em>This study aims to offer ideas for reforming Husein Muhammad's ushul fiqh in deconstructing the thoughts of Islamic law in Indonesia, some of which are still gender-biased. This study is conceptual research using a literature study approach. This study resulted in the finding that Husein Muhammad, in studying women's fiqh issues, used the method of reforming ushul fiqh. The offers of tajdid ushul Fiqh Husein Muhammad are Tawhid as a fundamental basis in understanding the texts of the Qur'an and hadith; The concept of asbâb al-nuzûl is understood as a study of the history of human tradition on a macro (not micro) basis at the time the Qur'an was revealed; Identifying muhkamat verses as verses that have universal value and mutasyabihat verses as verses with particular dimensions; Likewise, the Makiyyah verse which is considered to have a universal dimension than the madaniyyah verse which is supposed to have a specific dimension; In fact, he also typologies between verses that have legal dimensions and informative verses, as well as legal hadiths and informative hadiths. The renewal of the epistemology of Islamic law has implications for Islamic law products that are just and gender-equal. So that women are no longer in the shackles of patriarchal culture and misogynistic fiqh texts.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Arena Hukum The Sale of Prescription Medicines Through E-Commerce Platform Without Prescription: Between Urgency And Compliance 2023-02-06T03:44:51+00:00 Jerry Shalmont Grace Iskandar Darmawan Dora Dominica <p><em>The sale of prescription medicines through e-commerce platforms is allowed by attaching the original medical prescription (electronic or handwritten prescriptions) and uploading it to the platforms. However, some parties sold it without the prescription, and some consumers still purchased those medicines. This research is focused on the cause of high demand in terms of the sale and purchase of prescription medicines without medical prescriptions on e-commerce platforms, as well as relevant solutions. This research is normative – empirical legal research, using regulatory and conceptual approaches. Based on the questionnaire and interview results, the consumers purchased those medicines through e-commerce platforms without prescription due to urgent needs. The analysis shows that a lack of consumer awareness of their rights is the main culprit of this phenomenon. In short, consumer awareness needs to be improved in terms of compliance with the relevant laws and regulations for safety reasons.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Jerry Shalmont, Grace Iskandar Darmawan, Dora Dominica Legal Implications of Consumer Personal Data Misuse by OJK Licensed Fintech Lending Operators 2022-06-21T01:18:01+00:00 Rahmadi Indra Tektona <p><em>The Financial Services Authority (OJK) has released a list of registered and licensed fintechs. The Investment Alert Task Force has taken firm action against illegal fintech lending that has the potential to break the law, along with the Indonesian National Police and the Ministry of Communication and Information. Privacy is violated when personal data are collected and shared. In the misuse of fintech lending consumer personal data, consumer rights are violated and the loss is in the form of immaterial compensation. The legal implications are not only legal consequences with violations committed by the organizers which result in the imposition of sanctions by the state. The result of this normative legal research uses statute, conceptual, and comparative approaches with deductive analytical to explain the importance regulating of personal data consumer protection on fintech lending operators.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Arena Hukum Urgent Implementation of Regulatory Technology and Supervisory Technology in the Financial Technology Industry 2023-03-17T07:40:15+00:00 Recca Ayu Hapsari Mahkota Djati Sinto Resmi Melisa Safitri <p><em>Financial technology is an innovation in the financial sector in Indonesia in terms of regulation, practice, and supervision. However, financial technology can develop rapidly. However, the increasing number of users of financial technology has resulted in increasingly complex financial technology products, this has resulted in financial technology being prone to abuse and creating risks of digitalization developments such as fraud, money laundering, and predatory lending. So in implementation, of course, it must be regulated, supervised, and supported by information technology such as regulatory technology and supervisory technology. This study aims to understand the juridical analysis of the application of regulatory technology and supervisory technology in the financial technology industry and also to find out how the application of regulatory technology and supervisory technology in the financial technology industry. This study uses empirical methods with a qualitative descriptive analysis approach and is combined with a sociolegal approach. The results of the study found that the application of regulatory technology and supervisory technology is regulated in Articles 19 and 22 of the Financial Services Authority Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector. Regulatory technology implementation is carried out by financial technology operators with 5 basic regulatory technology implementation programs, namely e-KYC, e-reporting, fraud detection, regulatory compliance, and risk management. As well as the application of supervisory technology carried out by regulators with 5 basic programs for implementing supervisory technology, namely in the form of data analytics, e-reporting, tax reporting mining, customer support technology, and e-licensing.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Recca Ayu Hapsari , Mahkota Djati, Melisa Safitri The Factual Actions as Objects of State Administrative Disputes in State Administrative Courts After the Issuance of the Job Creation Law 2024-02-19T01:18:47+00:00 Dewi Cahyandari Zainal Amin Ayub Luvieandra Pratama Xaviera Qatrunnada Djana Sudjati <p><em>Administrative Procedural Court Law that is still in force today is indeed contradictory considering that one of the objects of HAN is activity (the dynamic nature of activity). This raises the big question of whether the Peratun Law created in 1986 can still retain its substance. In this study, researchers are interested in discussing factual actions. The Job Creation Law then eliminates the determination of positive fictitious cases from the jurisdiction of PTUN. The purpose of this study is to describe, analyze, and find the fundamental meaning of factual actions as objects of state administrative disputes in the State Administrative Court. This research method is normative with a legislative and philosophical approach. The meaning of factual action as an object of state administrative disputes in PTUN after the issuance of Perpu Number 2 of 2022 is a request to government officials or bodies that is not resolved on time and is legally considered granted. It is necessary to consider the reality on the ground, that the role of PTUN is still needed to ensure legal certainty and legal protection for people or civil law entities (WNI) who apply for the issuance of decisions to government officials or entities.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Dewi Cahyandari, Luvieandra Pratama, Zainal Amin Ayub Cirebon Regional Government Policy To Protect Child Victims Of Sexual Violence 2023-03-28T03:47:29+00:00 Waluyadi Tina Marlina Iwan G. Gumilang Diah Irwany Indriyanti Rianda Yuniarsih Genuni <p><em>This paper aims to examine victims from the standpoint of criminal law, as well as the Cirebon Regency government's policy and implementation for protecting child victims of sexual violence. Based on sociolegal research, this paper was written. The data used is both primary and secondary. Literature studies, documentary studies, and interviews are used to collect technical data. The analysis is qualitative in nature. According to the findings of the study, victim protection in criminal law is indirect. The Cirebon Regency government has issued policies in the form of regional regulations, regent regulations, and regent instructions to protect child victims of sexual violence. There is a non-governmental organization in the Cirebon Regency that is concerned with the protection of child victims. The implementation of protection for child victims of sexual violence in Cirebon Regency has not been maximized.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Waluyadi, Tina Marlina, Iwan G. Gunawan, Diah Irwany Indriyanti, Rianda Yuniarsih Genuni Legal Certainty of Land Rights Affected By Natural Disasters 2023-01-31T01:10:52+00:00 Rahmia Rachman Erlan Ardiansyah <p><em>This research was conducted to determine how the revitalization of land rights after natural disasters. This research uses empirical juridical methods and it can be concluded that the revitalization of land rights after a disaster by the Central Sulawesi Provincial Government in collaboration with the Ministry of Agrarian Affairs and Spatial Planning / Head of the National Land Agency (Ministry of ATR / BPN) and carried out by the Head of BPN Central Sulawesi as Chairman is by the implementation of land procurement by using abandoned land in Central Sulawesi to relocate communities affected by disasters that boil down to the public interest. Land procurement is carried out for the construction of Permanent Housing for disaster victims. The status of land rights affected by the disaster is still recognized by BPN Palu City only it can no longer be used because it is in a disaster-prone zone (DPZ). Permanent housing recipients will get a new certificate with a plot of land that has been adapted to the new spatial design.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Arena Hukum The Fulfilment of Legal Identity: A Case Study Of Residents Who Do Not Have a Population Identification Number 2022-10-10T02:28:13+00:00 Fardi Prabowo Jati <p><em>Legal identity is very important for individuals in their capacity as legal subjects who have rights and obligations. However, there are still residents of Yogyakarta who do not have legal identity. This research aims to analyze the regulation of legal identity fulfillment for residents who do not have a population identification number (NIK) and its causes that occur in Yogyakarta. This research is non-doctrinal legal research that elaborates on normative and empirical legal research methods. The findings of this study indicate that the fulfillment of NIK is the fulfillment of human rights and the constitutional rights of people. This fulfillment is carried out through population registration by first recording the population's biodata. The change to the population administration information system causes the NIK of residents who do not perform biometric recording not to be registered in the population database. Consequently, residents who do not have a NIK do not have a legal identity. From the cases that occurred in Yogyakarta, residents did not have NIKs due to two factors. First, poor people with domicile problems are caused by: the cost and time incurred during the process of moving domicile, indications of victims of trafficking, the situation of people living on the streets, and the loss of population data in the family card. Second, the factor of people with disabilities who are unable to register.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Arena Hukum The KPK'S Investigation Termination Warrant (SP3) Authority: Endeavours To Prevent Abuse Of Power 2022-12-09T06:22:29+00:00 Mohammad Syaiful Aris Auly Nahdyan Bagus Oktafian Abrianto <p><em>The Corruption Eradication Commission (KPK) is a state entity created by Law No. 30 of 2002 in Indonesia to support the prosecutor's office and the police in combating corruption. Law No. 30 of 2002 has been subject to multiple judicial reviews by the Constitutional Court (MK). In 2019, there was a proposal to amend Law No. 30 of 2002. The modification of the Law has both advantages and disadvantages, with some viewing it as weakening the KPK by categorizing it inside the executive branch, thereby impacting the agency's independence. One of the main focuses of this Article is the authorization of the KPK to issue a Warrant to Terminate Investigation (SP3). SP3 results from the legal principle of defending human rights and serves as a tool for checks and balances, but it can also be prone to misuse. The research focuses on two main issues: changes in the KPK's authority and the KPK Institution's deconstruction. Secondly, the consequences of the KPK issuing SP3 and the risk of authority misuse in combating corruption. This study involves legal research utilizing both a statutory and conceptual approach. This paper intends to evaluate the various ways in which power abuse might occur within a corruption eradication system, specifically focusing on delegating authority to the KPK in issuing SP3 from a constitutional standpoint. The study's conclusions provide a way to prevent the abuse of SP3 through reporting procedures and case titles at the KPK Supervisory Board (Dewas). In addition, the method should include authorizing the KPK to revoke SP3.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Mohammad Syaiful Aris, Auly Nahdyan, Bagus Oktafian Abrianto Challenging The Investigator’s Investigation Termination Authority Without Public Prosecutor’s Approval 2023-07-18T01:49:15+00:00 Jefferson Hakim <p><em>The principle of dominus litis is owned by the Public Prosecutor as the master of the case in the criminal justice system. The position of the Public Prosecutor has a central role in criminal law enforcement which begins when following the progress of the investigation carried out by investigators to the execution of court decisions that obtain permanent legal force. However, the Criminal Procedure Law seems to exclude the absolute authority of the Public Prosecutor as the master of the case concerning the investigator's authority to terminate an investigation without prior approval of the Public Prosecutor. This resulted in the Public Prosecutor not having a control function over the investigation executed by investigators with the potential for abuse of authority. The research method used in this study is normative juridical with specificity in the form of descriptive analysis. The data used in this study are secondary data and tertiary data which were prepared and analyzed according to the discussion in this study. The results found in this study are that the investigator's authority to stop the investigation without prior approval from the Public Prosecutor is contrary to the principle of dominus litis owned by the Public Prosecutor associated with the Guidelines on the Role of the Prosecutor and the authority of the Public Prosecutor in England and Wales and South Korea.</em></p> 2024-04-02T00:00:00+00:00 Copyright (c) 2024 Jefferson Hakim