Jurnal Online Universitas Pekalongan
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The Spread of Hoaxes on Social Media: A Communication Analysis and Legal Review of the ITE Law
Full text linkThe rapid evolution of digital technology has transformed social media into the primary platform for information dissemination. While it offers speed and accessibility, social media also enables the uncontrolled spread of misinformation and hoaxes. This study aims to describe the pattern of hoax dissemination on social media from a digital communication perspective and to analyze how Indonesian Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) responds to this phenomenon from a legal standpoint. Using a descriptive qualitative method based on literature review, this study combines communication theories—particularly framing and agenda setting—with normative legal analysis. Hoaxes are often framed emotionally and sensationally to attract public attention and manipulate perception. Through agenda setting mechanisms, such content dominates digital discourse, reinforcing its perceived importance regardless of truth. The findings suggest that the spread of hoaxes is driven not only by content but also by algorithmic amplification and public vulnerability due to low digital literacy. While the ITE Law provides a legal framework to address online misinformation, its enforcement faces challenges such as ambiguous legal language and difficulties in proving intent. Therefore, an interdisciplinary approach combining communication strategy and legal reform is needed to effectively combat the hoax epidemic. This study contributes to both academic discourse and policy recommendations aimed at building a more informed and resilient digital society
Construction Contract Design Based on the Principle of Balance as an Effort to Prevent Disputes
Full text linkLaw Number 2 of 2017 on Construction Services is an important foundation in regulating construction contracts in Indonesia, aiming to create a balance of rights and obligations between service providers and service users. The purpose of this study is to examine how the concept of equilibrium can help reduce conflicts in construction projects, which are frequently caused by unequal negotiating power and flaws in contracts. The research method used is normative juridical with the approach of legislation, legal doctrine, and construction contract analysis. The findings indicate that the use of the balance principle in construction agreements can lead to a fair allocation of responsibilities and privileges for both parties, preventing any form of unfair advantage and minimizing the chances of legal conflicts. Thus, the principle of balance is not only a legal principle, but also a preventive tool in the implementation of equitable construction contracts
Maswandi Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn: Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn
No full textCorruption committed by public officials is a serious violation of the integrity and trust of the public in the state administration. This study analyzes criminal liability for corruption perpetrators in their capacity as public officials through the case study of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn. Juridical-normative approach and Decision Analysis become the basis in assessing how the application of criminal elements and the principle of responsibility. The results showed that public officials can be held criminally liable in full if proven to commit unlawful acts with awareness and bad faith. This decision confirms the importance of judicial independence in combating corruption
Revisiting the Concept of Being: A Comparative Analysis of Heidegger and Eastern Philosophical Thought
Full text linkThis research aims to revisit the concept of Being(exists) through a comparative approach between MartinHeidegger\u27s philosophy and Eastern philosophicalthought, particularly the Vedanta and Taoist traditions.Heidegger, in his work Being and Time, criticizedWestern metaphysics that forgot the question ofexistence (Seinsfrage) and proposed an existentialunderstanding of Being through Dasein\u27s concept. Incontrast, Eastern thought has traditionally emphasized the non-dualistic and intuitive dimensions of existence,as reflected in the concept of Brahman in Vedanta and Dao in Taoism. This study uses the qualitative literature review method with a philosophical hermeneutic approach to examine the ontological and epistemological structures in both traditions. The results of the analysis show that despite coming from different cultural and linguistic contexts, Heidegger and Eastern thought share similarities in criticizing the objectification of reality and emphasizing the subject\u27s existential involvement in uncovering the meaning of Being. These findings open up spaces for dialogue across philosophical traditions and offer an alternative perspective to a more holistic and transcendent ontological understanding.This research aims to revisit the concept of Being (exists) through a comparative approach between Martin Heidegger\u27s philosophy and Eastern philosophical thought, particularly the Vedanta and Taoist traditions. Heidegger, in his work Being and Time, criticized Western metaphysics that forgot the question of existence (Seinsfrage) and proposed an existential understanding of Being through Dasein\u27s concept. In contrast, Eastern thought has traditionally emphasized the non-dualistic and intuitive dimensions of existence, as reflected in the concept of Brahman in Vedanta and Dao in Taoism. This study uses the qualitative literature review method with a philosophical hermeneutic approach to examine the ontological and epistemological structures in both traditions. The results of the analysis show that despite coming from different cultural and linguistic contexts, Heidegger and Eastern thought share similarities in criticizing the objectification of reality and emphasizing the subject\u27s existential involvement in uncovering the meaning of Being. These findings open up spaces for dialogue across philosophical traditions and offer an alternative perspective to a more holistic and transcendent ontological understandin
The Political Party Intervention Has A Negative Impact On Dpr Policy : Case Study Of The Revision Of The Tni Bill
No full textThis study aims to examine the impact of political party intervention on the legislative process in the house of representatives (DPR) with a focus on a case study of the revision of the Indonesian national army law (RUU TNI). The urgency of this writing is the increasing public concern about the degradation of legislative independence which should represent the interests of the people, not partisan interests. This study was conducted using a normative legal method approach with a critical study of the dynamics of DPR policy politics, which has an effect on the integrity of legislation and public trust. The novelty of this study is in the intervention of political parties on the revision process of the TNI Bill, which obscures the professional principles of active TNI members in the democratic system and civil supremacy which has the potential to weaken the checks and balance mechanism in the system. The results of this study indicate that political party intervention is very clear in the interests of power that are certain groups that eliminate the substance of law and public involvement in the revision of the TNI Bill
Normative Analysis of Freedom of Speech in Indonesia According to Positivism Theory Reviewed from the Perspective of Legal Philosophy
Full text linkThis study analyzes the implementation of freedom of speech in Indonesia within the framework of legal positivism theory, especially Hans Kelsen\u27s perspective. Freedom of speech, which is guaranteed by the 1945 Constitution, is often limited by laws such as the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP) which function to maintain public order and protect the rights of other individuals. This research method uses a normative legal approach with an analysis of laws and regulations, legal literature, and official documents. The results of the study show that the application of the positivism theory, which separates law from morality and emphasizes strict application of rules, often ignores the legal hierarchy that places the 1945 Constitution as the highest law. This results in law enforcement that tends to be rigid and less adaptive to dynamic social and political contexts, and can reduce the effectiveness of human rights protection, especially in the context of freedom of speech. This approach provides legal certainty but creates a mismatch between legal practice and constitutional principles and international standards
A Call For Respect: Analyzing Quran Burning, Human Rights, and The Islamic Law Perspective
Full text linkThe burning of the Quran, widely regarded as the holy book of Islam, has sparked significant outrage and debate across various European Union states, particularly in Sweden. This provocative act raises critical questions about the balance between individual freedom of expression and the respect for religious beliefs. The European Union, through its commitment to democratic principles, often upholds freedom of expression as a fundamental right. However, this raises the issue of whether such expressions can rightfully include acts that are deeply offensive to large segments of the population, particularly religious communities. This paper explores these tensions within the framework of the development of the international human rights system, providing a nuanced analysis of responses from Muslim scholars, organizations, and associated states. It also scrutinizes the impact of Western human rights paradigms on global practices, specifically in contexts such as Indonesia. This paper found a fundamental crisis of western based of human rights and the lack of sound argument from muslim world to contribute to this lacking
The Dynamics of Fulfilling Legal Protection for Victims of Human Trafficking Based on Victim Recovery in Indonesia\u27s Border Regions
Full text linkHak-hak korban perdagangan manusia sering diabaikan, sehingga para korban ini sering ditolak restitusi atas kerugian yang disebabkan oleh kejahatan tersebut. Penelitian ini bertujuan untuk memberikan gambaran tentang dinamika seputar penerapan restitusi sebagai sarana pemenuhan hak-hak korban dengan menjawab dua pertanyaan kunci: (1) Bagaimana dinamika implementasi restitusi bagi korban perdagangan manusia di wilayah perbatasan Indonesia? dan (2) Upaya apa yang dapat dilakukan untuk meningkatkan pemenuhan hak-hak korban, terutama dalam kaitannya dengan restitusi? Penelitian ini menggunakan metode kualitatif dengan pendekatan fenomenologis. Temuan, yang mewakili kontribusi baru, menunjukkan bahwa alasan utama kurangnya restitusi yang diberlakukan pada pelaku kejahatan perdagangan manusia berakar pada faktor yuridis dan sosiologis. Studi ini menunjukkan bahwa reformasi hukum diperlukan untuk menggeser posisi restitusi dari hak korban menjadi kewajiban negara
The Role of Constitutional Law in Achieving Political Stability and Social Justice in Indonesia
Full text linkAhmad, A. (2024). Analysis of the Legal Outputs of State Institutions: The Case of the Constitutional Court of the Republic of Indonesia. Enigma in Law, 1(2), 36–40. https://doi.org/10.61996/law.v1i2.35
Annisa Salsabila, Tria Noviantika, & Ahmad Yani. (2024). Initiating Constitutional Morality: Political Intervention, Ethical Reinforcement, and Constitutional Court Decisions in Indonesia. Constitutional Review, 10(2), 505–537. https://doi.org/10.31078/consrev1028
Anogara, S., Ferdiansyah, M., Esfandiari, F., & . S. (2024). Analysis of the Mechanism for Dismissal of Judges of the Constitutional Court by the House of Representatives of the Republic of Indonesia. KnE Social Sciences. https://doi.org/10.18502/kss.v8i21.14765
Aprilia, H. N., & Fartini, A. (2024). Human Rights Guarantees for People with Mental Disorders in The Indonesian Constitution. Jurnal Mahasiswa Hukum Islam, 1(2), 121–135. https://doi.org/10.37035/jurhis.v1i2.9524
Baik, J. (Sophia), & Sridharan, H. (2024). Civil rights audits as counterpublic strategy: articulating the responsibility and failure to care for marginalized communities in platform governance. Information, Communication & Society, 27(5), 836–855. https://doi.org/10.1080/1369118X.2023.2227685
Daswanto, D. (2024). Legal Policy of Pretrial Arrangements in Criminal Procedure Law in Indonesia by the Constitutional Court. Interdiciplinary Journal and Hummanity (INJURITY), 3(11), 755–767. https://doi.org/10.58631/injurity.v3i11.1309
Dollu, D. Y., & Fatima, R. N. (2024). Problem from mk powerful number 90/Puu- Xii/2023 related to article 169 letter Q number 7 Year 2017 about general election (Election Law). Journal of Multidisciplinary Academic and Practice Studies, 2(3), 317–323. https://doi.org/10.35912/jomaps.v2i3.2245
Fadrial, R., Sujianto, S., Tua Ricky Freddy Simanjuntak, H., Wirman, W., & Setiawan Wibowo, W. (2024). Fostering Trust Through Bytes: Unravelling the Impact of E-Government on Public Trust in Indonesian Local Government. Interdisciplinary Journal of Information, Knowledge, and Management, 19, 015. https://doi.org/10.28945/5317
Farid, A. M. F., & Nanik, N. P. (2023). Legal Reasoning of the Constitutional Court Verdict Number 25/PUU-XX/2022 on the State Capital Law According to Social Justice Value. Jurnal Jurisprudence, 12(2), 217–232. https://doi.org/10.23917/jurisprudence.v12i2.1285
Hidayat, A. (2024). The Impact of Globalization on the Dynamics of the Constitutional Law System in Indonesia: An Analytical Review. Pena Justisia: Media Komunikasi Dan Kajian Hukum, 23(3), 2009–2020. https://doi.org/10.31941/pj.v23i3.4332
Hidayat, R. N., & Novrizal, M.-. (2024). Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework. Pena Justisia: Media Komunikasi Dan Kajian Hukum, 23(1), 373. https://doi.org/10.31941/pj.v23i1.4022
Ihza Ibrahim. (2024). ANALISIS LEGAL STANDING PEMOHON DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023. Khuluqiyya: Jurnal Kajian Hukum Dan Studi Islam. https://doi.org/10.56593/khuluqiyya.v6i2.135
Lutfi, F., Pramono, S. E., & Masrukhi, M. (2024). The Role of BPIP in Indonesia’s Legal Reform: Navigating Social Transformation and Ideology Education Challenges. Journal of Law and Legal Reform, 5(4). https://doi.org/10.15294/jllr.v5i4.18921
Moh. Thohir, & Didik Sukriono. (2024). IMPLEMENTATION AUTHORITY OF THE CONSTITUTIONAL COURT IN THE INDONESIAN CONSTITUTIONAL LAW SYSTEM. Awang Long Law Review, 6(2). https://doi.org/10.56301/awl.v6i2.1112
Mukherjee, A. (2024). Efficacy of Legal Aid: Bridging the Justice Gap. Galore International Journal of Applied Sciences and Humanities, 8(3), 29–41. https://doi.org/10.52403/gijash.20240304
Rahaditya, R., Rachmat, L. I., Sari, R. A. D. P., & Nugroho, Y. A. (2024). Transformation of the Indonesian Constitutional System Through Amendments to the 1945 Constitution. QISTINA: Jurnal Multidisiplin Indonesia, 3(1), 740–748. https://doi.org/10.57235/qistina.v3i1.2412
Reza, M. F., Zahara, F., & Khalid, K. (2024). Judicial Considerations in Granting and Rejecting Child Madiyah Support Claims from a Progressive Legal Theory Perspective (A Normative Juridical Study of Decision No. 1172/Pdt.G/2018/PA.Smd. and Decision No. 41/Pdt.G/2014/PA Tkl.). Journal of Law, Politic and Humanities, 4(6), 2314–2325. https://doi.org/10.38035/jlph.v4i6.733
Rudy, E., & Adang Supriyadi, A. (2025). Security Policy Transformation to Accelerate the Achievement of the Sustainable Development Goals (SDGs) in Papua. https://doi.org/10.20944/preprints202501.1975.v1
Sapsudin, A., & Qohar, H. A. (2024). Constitutional Law Reform to Realize Inclusive Higher Education for Persons with Disabilities. JURNAL AKTA, 11(4), 1320. https://doi.org/10.30659/akta.v11i4.40699
Siregar, D. P., & Wisnaeni, F. (2024). Political Legal Dissenting Opinion Ruling in the Dispute Cases on the Results of the 2024 Presidential General Election by Constitutional Judges. International Journal of Social Science and Human Research, 7(07). https://doi.org/10.47191/ijsshr/v7-i07-94
Sudiartha, I. B. P., Sihotang, E., & Suandika, I. N. (2024). Kewenangan Mahkamah Konstitusi Dalam Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization of Politic. Ethics and Law Journal: Business and Notary, 2(2), 166–181. https://doi.org/10.61292/eljbn.191
Syahrain, A., Sugitanata, A., & Aminah, S. (2024). Political Moderation as a New Foundation in Indonesia: An Analysis of Deliberative Democracy Theory and Maqashid Shariah. An-Nida’, 48(2), 123. https://doi.org/10.24014/an-nida.v48i2.28985
Wadipalapa, R., & Tyson, A. (2025). Cross-Party Presidential Dynasticism in Indonesia: Evidence from the 2024 Presidential Elections. Pacific Affairs. https://doi.org/10.5509/2025981-art4
Zara, M. Y. (2021). Indonesian Mockery of the Dutch during the Indonesian Struggle to Maintain Independence (1945-1948). BMGN - Low Countries Historical Review, 136(3), 31–60. https://doi.org/10.51769/bmgn-lchr.6885
Zhen, R. (2024). Balancing Governance and Rights: The Interplay Between Constitutional and Administrative Law. Communications in Humanities Research, 32(1), 196–201. https://doi.org/10.542
54/2753-7064/32/2024007
National Development Planning In The Field Of State Defense Law
Full text linkNational development planning becomes a very important phase in designing the direction of the nation\u27s and country\u27s growth in the coming periods. Development planning in Indonesia is carried out based on the national development planning system, which encompasses all aspects of community, national, and state life. One of them is the planning in the field of national defense, which has the function of maintaining national existence and stability. The planning of national defense law development faces challenges in accordance with the dynamics of threats, obstacles, challenges, and disturbances to national defense. These challenges arise both at the national, regional, and global levels. National development planning in the field of state defense law is the subject of study in this article. The research method used is normative descriptive research by examining various related literatures. The result of this research is that national development planning in the field of national defense needs to be carried out by considering the dynamics of threats and challenges to national defense. The planning of national defense development requires planning related to the legal framework or regulations in the field of national defense to ensure the legality and legitimacy of the development of the national defense system