Legacy: Jurnal Hukum dan Perundang-Undangan

PENGGUNAAN KONTRASEPSI DARURAT BAGI KORBAN PEMERKOSAAN UNTUK MENCEGAH KEHAMILAN TIDAK DIINGINKAN (KTD) PERSPEKTIF KEADILAN HAKIKI PEREMPUAN

Elsa Lailatul Fitriani — 2025-08-05

The crime of rape can result in an unwanted pregnancy, which is a significant issue for the victim. This article presents research on regulations for access to emergency contraceptive services and women's absolute justice perspectives on the use of emergency contraception to prevent unwanted pregnancies in cases of rape. This study employs a juridical-normative approach and content analysis to demonstrate that Law Number 12 of 2022 and the Algorithm ic Rules for Health Service Management by the Indonesian Ministry of Health in 2021 have regulated access to emergency contraception. Furthermore, the legality of the use of emergency contraception has been guaranteed in Government Regulation No. 61/2014, article 24, and Minister of Health Regulation No. 21/2021, article 30. The provision of emergency contraception services for victims has successfully reflected the conditions of true justice for women, through efforts to protect women from the risk of unwanted pregnancies and reduce the impact of stigma and violence in the social sphere that often occurs to rape victims.

RIVAL UNDER ONE ROOF: LEGAL AND ECONOMIC PERSPECTIVES ON STATE-OWNED ENTERPRISE SUBSIDIARIES IN INDONESIA’S INTERNET SERVICE PROVIDER SECTOR

Ardiyantoro Muhammad Yulidar — 2025-08-06

When public entities compete under the same state roof, the lines between national service and commercial ambition blur. In Indonesia’s internet service provider (ISP) sector, subsidiaries of state-owned enterprises (SOEs)—including ICONNET (PLN), PGNCOM (Pertamina), and JMRB (Jasa Marga) —have entered commercial markets, often overlapping with private actors. While their expansion is framed as part of national digital infrastructure development, it raises institutional and legal tensions related to role boundaries, governance neutrality, and market efficiency. This study applies a normative legal approach, supported by institutional economic theory—particularly comparative advantage and institutional specialization —to evaluate whether such activities are consistent with public mandates and regulatory frameworks. Drawing on Law No. 1/2025, Government Regulation No. 72/2016, and Government Regulation No. 46/2021, the paper identifies sectoral misalignment and structural ambiguities that threaten competitive neutrality. It concludes with policy recommendations for clarifying institutional roles, reinforcing infrastructure-sharing governance, and ensuring that public investment aligns with long-term market integrity.

PENERAPAN RESTORATIVE JUSTICE TERHADAP PEMBELI HANDPHONE HASIL CURIAN BERDASARKAN PERJA REPUBLIK INDONESIA NOMOR 15 TAHUN 2020

Erya Intan Virnanda Putri — 2025-08-06

The growing trade of second hand smartphones through digital platforms has inadvertently enabled the circulation of stolen goods, particularly from theft. Many buyers unknowingly purchase these items and risk prosecution under Article 480 of the Indonesian Criminal Code on fencing. This creates a legal imbalance, especially in proving the element of intent (mens rea) in buyers acting in good faith. This study examines the effectiveness of applying restorative justice to buyers of stolen phones who lack criminal intent, based on Indonesian Prosecutorial Regulation No. 15 of 2020. Using a normative legal approach, the research analyzes laws, legal theories, and restorative justice principles. Findings indicate that restorative justice can offer a more humane and fair alternative to conventional prosecution, provided certain conditions are met such as the absence of a criminal record, a peaceful agreement between parties, and restitution to the victim. However, its practical application remains limited due to structural challenges and a lack of awareness among law enforcement and the public. Therefore, a more inclusive legal policy is needed to extend restorative justice to third parties who are not directly involved in crimes but are legally affected under the current system.

PERANAN PEMERINTAH DAERAH DALAM PENINDAKAN GANGGUAN KETERTIBAN UMUM DAN KETENTARAM MASYARAKAT DI KAWASAN TEROWONGAN NUR MENTAYA

Arifudin Arifudin — 2025-08-06

This research analyzes the role of the Regional Government in handling disturbances of public order and community tranquility, focusing on the implementation of Regional Regulation Number 10 of 2021 of Kotawaringin Timur Regency in the strategic area of the Nur Mentaya Tunnel. The context of regional autonomy demands local governments to realize a safe and orderly community life, with the Public Order Agency (Satpol PP) as the frontline enforcement of regional regulations. The Nur Mentaya Tunnel area, as a vital public space, requires strict supervision to prevent disturbing behaviors. Therefore, this research aims to analyze the legal basis of Regional Regulation Number 10 of 2021, the role of local law enforcement actors (including the Integrated Team), as well as the legal challenges in enforcing public order disturbances. This research analyzes the role of the Regional Government in handling disturbances of public order and community tranquility, focusing on the implementation of Regional Regulation Number 10 of 2021 of Kotawaringin Timur Regency in the strategic area of the Nur Mentaya Tunnel. The context of regional autonomy demands local governments to realize a safe and orderly community life, with the Public Order Agency (Satpol PP) as the frontline enforcement of regional regulations. The Nur Mentaya Tunnel area, as a vital public space, requires strict supervision to prevent disturbing behaviors. Therefore, this research aims to analyze the legal basis of Regional Regulation Number 10 of 2021, the role of local law enforcement actors (including the Integrated Team), as well as the legal challenges in enforcing public order disturbances.

PERAN KEJAKSAAN DALAM PENERAPAN RESTORATIVE JUSTICE TERHADAP PENYALAHGUNA NARKOTIKA (Studi Kasus di Kejaksaan Negeri Karawang)

Zahra Khoirunnissa — 2025-08-09

Drug abuse constitutes a critical issue that impacts not only individuals but also society at large. As a criminal offense categorized as an extraordinary crime, its resolution requires a legal approach that goes beyond merely punitive measures. This study examines the role of the Karawang District Prosecutor's Office in implementing a restorative justice approach toward drug offenders, based on the Regulation of the Attorney General Number 15 of 2020 and the Guidelines of the Attorney General Number 18 of 2021. A juridical-empirical approachwas employedto analyze theactual legal practices inthe field, with datacollectedthrough interviews andlegal documents. The findings indicate that although restorative justice has begun to be implemented, its application in drug abuse cases remains very limited and faces several challenges, including lengthy procedures, inter-agency coordination issues, time constraints, and a lack of public understanding. This study highlights the crucial role of prosecutors as dominus litis in directing cases towardrehabilitation, as well as the need to strengthen institutional synergy and public education to achieve a more humane and solution- oriented form of justice. The case study of the Karawang District Prosecutor’s Office demonstrates that restorative justice holds significant potential as an alternative mechanism for resolving cases in a more equitable and recovery-focused manner.