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Victor Karna Junior; Ghefari Albir Fachri Suherman; Lucky Dafira Nugroho

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Default, or breach of contract, is a common problem in business transactions and can have significant impacts, both financially and non-financially. This article analyzes the various forms of default, such as failure to fulfill obligations, delays, or non-performance in accordance with the agreement. The impact of default is not only directly related to financial losses—for example through fines or damages—but can also damage business relationships and the company's reputation. Therefore, good contract design is very important in reducing this risk. Effective contract design should include clear clauses regarding obligations, deadlines, and sanctions that apply in the event of a breach. Penalty clauses are often used to provide incentives for the parties involved to fulfill their obligations. Furthermore, in the context of globalization and international transactions, it is important for contracts to include clear dispute resolution mechanisms, such as mediation or arbitration, to avoid escalation of problems. This article aims to provide practical guidance for companies in designing contracts that not only reduce the risk of default, but also ensure the sustainability of mutually beneficial business relationships. With a thorough understanding of legal risks and the implementation of appropriate mitigation measures, companies can maintain smooth operations and prevent major losses due to default.   Keywords : Default, Breach Of Contract, Contract Drafting, ,, , Mediation, Arbitration, Corporate Reputation, Risk Management.

Marselina Bali Ola Nama Tukan; Yossie Maria Yulianty Jacob; Husni Kusuma Dinata

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The execution of a loan agreement is a form of binding engagement between the lender and the borrower. This agreement must fulfill the validity requirements as stipulated in Article 1320 of the Indonesian Civil Code. In practice, there are still cooperatives that operate without legal entity status but continue to provide lending services, such as Pringkop Cooperative in Nobo Village, Ile Boleng District, East Flores Regency. This study aims to examine the implementation of loan agreements facilitated by Pringkop Cooperative, which operates without legal entity status, as well as the factors influencing the community's decision to engage in such agreements. This research employs empirical approach, utilizing primary and secondary legal materials. The analysis method applied is qualitative descriptive analysis. The findings of this study indicate that: (1) The execution of loan agreements in Pringkop Cooperative is conducted in a simple manner, without notarized deeds or legally valid written agreements, posing risks to both parties in terms of dispute resolution. Nevertheless, the cooperative continues to operate based on a trust system and an orally agreed-upon repayment mechanism. (2) The factors influencing the community to engage in loan agreements with Pringkop Cooperative include ease of access, trust in the cooperative, and the economic conditions of the community, which require quick loans without complex procedures. Additionally, social and cultural factors contribute to the sustainability of this practice, as family relationships and local customs play a significant role in loan transactions.

M. Harry Mulya Zein; Ardyansyah Wijaya; Sisca Septiani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the performance of the Banjarbaru City Personnel and Human Resources Development Agency (BKPSDM) in the recruitment of Government Employees with Work Agreements (PPPK). Using a qualitative approach with descriptive methods, this study evaluates performance based on five indicators: productivity, service quality, responsiveness, responsibility, and accountability. The results show that although BKPSDM has implemented a merit-based recruitment system through Computer Assisted Test (CAT), several challenges are still faced, such as technical constraints in the online system, limited formation quotas, and applicants' lack of understanding of administrative requirements. The research also identified supporting factors such as the regulatory framework, technology implementation, and the active role of BKPSDM in providing clear information to applicants. Recommendations include strengthening technological infrastructure, expanding socialization, optimizing complaint mechanisms, and proposing additional formation quotas to match regional needs.  

Angelina Dewi Permatasari; Larasati Rahmadhani; Lutfia Setiya Marsyalola; Muhammad Naufal Ramadhan; Dwi Desi Yayi Tarina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Meikarta project as the "Shenzhen of Indonesia", is an ambitious initiative by the Lippo Group to develop a large property project in Cikarang, Bekasi Regency, West Java. Although it offers various modern facilities, this project faces various obstacles, including construction delays and uncertainty about the fate of consumers who have made payments. This problem is further complicated by allegations of violations of the law related to building permits (IMB) and non-compliance with the Regional Spatial Plan (RTRW), as well as bribery cases involving local government officials. This study aims to examine the legal protection provided to consumers in relation to the validity of agreements made in the Meikarta project, with a focus on the legal implications of unlawful acts and legal uncertainty due to corruption cases. This study uses a qualitative method with a normative legal approach, which examines applicable legal provisions, and an empirical approach, which examines how the law is applied in practice, as well as data collection techniques through case studies and legal literature. The results of the study indicate that there is abuse in the validity of contracts that are detrimental to consumers, as well as the negative impact of legal uncertainty caused by corrupt practices. Legal protection for consumers, including lawsuits and government intervention, is essential to prevent further losses. It is hoped that this research will contribute to the formation of better legal policies and more effective consumer protection in Indonesia.

Nimrot Frare; Luh Ketut Ayu Manik Sastrini; Ni Made Witari Dewi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.

Muhamad Farudin

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the increasing number of elderly individuals working in the informal sector and the exploitation risks they face, particularly through social media. According to data from BPS, there has been a rise in active elderly workers, with most employed in the informal sector. Indonesia's Labor Law does not provide specific protections for elderly workers, making them vulnerable to exploitative actions, such as the "online begging" phenomenon on TikTok, which leverages viewers' empathy. This study employs a normative juridical approach to identify legal gaps in labor regulations concerning elderly workers and analyze the impact of inadequate protection. The results indicate that elderly workers on digital platforms require stricter regulations regarding work conditions and rights protection. This study recommends more inclusive policies to ensure the welfare of elderly workers, particularly those in the informal and digital sectors, and emphasizes the need for transparent employment agreements and strict regulation on social media platforms.

Abalaka, J.N; Ajiteru,S.A.R; Sulaiman T.H

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Building agreement and influencing public opinion need effective communication. As a means of expressing ideas, language creates emotions that are used for political advantages during an electoral campaign. Human existence and the maintenance of connections depend on communication, a complex process. In actuality, human interactions are lubricated by this substance. Despite its importance, communication has two sides and can be applied either favorably or unfavorably. From the standpoint of its capacity for complexity, Boulton (2019, p. 41) pointed to the negative social intent of language. She also noted that language is frequently employed to deceive rather than to communicate. Human existence and the maintenance of connections depend on communication, a complex process. In actuality, human interactions are lubricated by this substance. Despite its importance, communication has two sides and can be applied either favorably or unfavorably. According to Boulton (1978, p. 41), from the standpoint of language's capacity for complexity to the detrimental societal intent of language. She also noted that language is frequently employed to deceive rather than to communicate. Therefore, this discourse examines how the political advertisement "See who wants to be President of Nigeria" exposed ignorance and ineptitude as unacceptable in a moral and democratic society such as Nigeria. It is a political communication activity that uses word choice and language as a means of rejecting a candidate in the April 2015 Nigerian presidential election.

Tenci Lioni Andini Kese; Darius Mauritsius; Husni Kusuma Dinata

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to find out and analyze the study of the default judiciary in the implementation of the lending agreement between creditors and debtors based on case number 71/PDT. G/2023/PN KPG. This research is a normative law research that uses primary legal materials and secondary legal materials. The approach methods used in this study include the Case Approach, the Conceptual Approach, and the Statute Approach. The researcher performs this technique by collecting source materials and then doing so by reading, studying, analyzing, recording and interpreting points related to the problems or legal issues raised by the researcher. The results of this study show (1) The form of default committed by the defendants or debtors as contained in decision number 71/Pdt. G/2023/PN. Kpg The form of default committed by the debtors and/or the defendants as the judgment in question is a form of default "carrying out the achievement but not as it should" (2) The legal consequences that must be borne by the defendants are having to pay compensation that is many times the amount of the previous loan, namely from Rp. 350,000,000,- (three hundred and fifty million) to Rp. 612,847,022,-  (six hundred and twelve million eight hundred and forty-seven twenty-two rupiah) and must pay the cost of the case and must give up the bail if seven days after the legally effective judgment remains to be confiscated and the factors that cause the perpetrators of the default can be categorized into internal factors and external factors.

Senja Ramadhika; Raditya Pramana Adiguna

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Transboundary environmental pollution poses significant challenges in international law, particularly regarding state responsibility. This study examines the legal frameworks governing state liability for environmental damage that extends beyond national borders. The research explores key principles such as the "no harm" rule, due diligence obligations, and international liability mechanisms. Using a doctrinal legal research method, this paper analyzes landmark cases and international agreements, including the Trail Smelter Arbitration and the Paris Agreement. The findings highlight gaps in enforcement and the need for stronger compliance measures. This study contributes to the discourse on environmental governance by proposing legal strategies to enhance state accountability and cooperation in mitigating transboundary pollution.

Resni Ina Chintika; Yustina Rada; Hawu Yogia Pradana Uly

Merkurius : Jurnal Riset Sistem Informasi dan Teknik Informatika 2025 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

Along with the advancement of time, technology in the era of globalization demands that humans work more professionally, and it is required in various fields or public institutions and organizations that use computers to support operational activities and internet networks across different levels of society. SMP Negeri 4 Mauliru is one of the Junior High Schools located in Mauliru Village, Kambera District, East Sumba Regency, East Nusa Tenggara Province. This school has a mission to improve the quality of education and always strives to provide quality guidance to its students. The payment of the Committee Fund is an agreement among the parents or guardians of students to support the school's needs that are not covered by the BOS (School Operational Assistance) funds. One of the school's operational activities that is essential for supporting the Committee Fund payment system still uses a conventional system, particularly in the preparation and payment of the committee fund, where a ledger book is still used for recording payments. This results in a long process and frequent errors in ledger book entries. The Committee Fund is a recurring payment that students must pay to the school once a month. The purpose of this research is to create a Web-Based Committee Fund Payment Information System at SMP Negeri 4 Mauliru to facilitate the school treasurer in recording committee fund payments in the ledger book. This research uses the waterfall development method. Waterfall is the most commonly used software development model. Several stages in the waterfall model include: Analysis, Design, Implementation, Testing, and Maintenance. Based on the results obtained, the average value of 70% falls within the "acceptable" range with a grade scale of "C" and adjective ratings in the "OK" category. Thus, the developed payment information system is suitable for simplifying the committee payment process for students.

Sufiana Fahmi; Mukhtar Lutfi; Amiruddin K

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Akad is an essential element in Islamic economic transactions as it serves as the foundation of the agreement between the involved parties. The underlying principles of Sharia in managing contracts include justice, honesty, equality, and trust, with the aim of creating fair transactions in accordance with Islamic law. This article aims to examine the principles of Sharia in managing contracts and their implementation in various forms of Islamic economic transactions, such as Islamic banking, microfinance, and Shariah compliant capital markets. The qualitative approach is used with normative analysis of classical and contemporary Islamic literature, as well as a review of modern practices. The study's findings indicate that proper Shariah-compliant contract management not only ensures the legality of transactions but also enhances trust and blessings in economic activities. By understanding these principles, it is hoped that the community and economic players can implement contracts more wisely and responsibly.

Dhea Putri Wulandari

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Investment Management Institution (LPI) was established based on the mandate of the Job Creation Law in Chapter X concerning Central Government Investment and the facilitation of National Strategic Projects in Article 154 paragraph (3) which states that Central Government Investment can be implemented by the Minister of Finance as the State Treasurer or an institution given special authority (sui generis). In the field of taxation, there is special treatment in terms of transactions involving the Investment Management Institution (LPI) including transactions both directly and indirectly with the entities it owns. In terms of bankruptcy, the Investment Management Institution (LPI) is treated specially and cannot be declared bankrupt unless it can be proven to be insolvent. And the nature and norms or rules set by the Investment Management Institution or LPI only apply specifically to parties who cooperate or make business agreements with the Investment Management Institution (LPI) and do not apply generally to everyone, so that its nature is a consensus between the parties.

Sri Wulandari; Zabidin Zabidin

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.

Erlina B; M Cakra Bima

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses the implementation of default case resolution through a simple lawsuit mechanism, referring to the case study of decision Number: 4/Pdt.G.S/2024/PN Gdt. Default or negligence in fulfilling obligations can cause disputes between the parties involved in the agreement. In Indonesia, one of the available alternative dispute resolutions is the simple lawsuit mechanism, which aims to provide convenience, efficiency, and accessibility for the public in claiming their rights legally. This study examines the process and procedures for resolving default disputes through simple lawsuits at the Gedong Tataan District Court, and analyzes how this mechanism can optimize justice and reduce the burden of cases in court.

Johan Rofi; Fauzie Yusuf Hasibuan; Lilik Mulyadi

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to elucidate the significance of restorative justice during the investigative phase and the legal assurance for investigators who apply restorative justice in cases of party noncompliance with the agreement. The author employs normative legal research, which involves the collection and analysis of legal documents pertinent to the subject at hand. This legal research employs the statute and case approaches. This writing employs primary and secondary legal materials. This article conducts prescriptive research. The findings of this research indicate that, initially, the concept of restorative justice during the investigative phase prioritizes substantive justice over procedural justice. We seek to establish substantive justice as the cornerstone of our rule of law, as it presents a promising opportunity for enhancing national well-being. The rule of law in Indonesia ought to foster the well-being of its citizens, and for this purpose, the notion of restorative justice, synonymous with substantive justice, is selected. Secondly, investigators lack legal clarity while implementing restorative justice if the participating parties violate the agreement. It may evolve into a complex issue when investigators seek to address broad criminal charges via restorative justice. The restorative justice concept is not acknowledged in general criminal offenses, although being governed by the Police Chief Regulation. Nonetheless, it is perceived that it still fails to offer legal certainty to investigators in the event of a future breach of contract or if the reported party defaults on their commitment or repeats their conduct.

Aulia Diningrum; Naziroh Naziroh; Putri Dahlia Hasibuan

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Tahlil marriage is a marriage carried out with the aim that a woman who has been divorced three times by her husband can remarry her first husband after marrying and divorcing her second husband. This is a matter of debate in Islamic law, especially from the perspective of the four main schools of thought: Hanafi, Maliki, Shafi'i, and Hambali. This research aims to analyze tahlil marriage law according to the views of the four schools of thought using a normative approach. The research method used is library research by examining classical and contemporary jurisprudence books as well as the opinions of ulama.The results of the research show that the majority of ulama from four schools of thought agree that if a tahlil marriage is carried out with conditions and an initial agreement to divorce after the contract, then the marriage is considered void or haram because it violates the principles of marriage in Islam. However, if the marriage occurs without a prior agreement to divorce, then the law is valid. The conclusion of this research confirms that the deliberate and planned practice of tahlil marriage is contrary to the principle of the validity of marriage in Islam. Therefore, it is important for Muslims to understand marriage laws in accordance with Islamic teachings so as not to be trapped in practices that are not valid according to sharia.

Candra Husein Puji Putra; Ivan Widjaja; Abdul Rokhim

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the potential legal conflicts arising from the mismatch between the employment contract of Government Employees with Work Agreements (PPPK) and the applicable regulations related to the appointment of school principals. The method used in this research is normative legal research with a statutory approach to examine related regulations. Data collection consists of primary legal materials from laws, secondary materials from legal journals, and tertiary materials as supporting references. The analysis used a qualitative normative method to interpret the data in a comprehensive legal context. The results show significant legal uncertainty regarding the status and rights of PPPK in strategic positions, especially in the school principal position. The inconsistency of regulations regarding tenure and legal protection for PPPKs creates potential conflicts that can affect their career stability and performance. Recommendations regarding legal harmonization and clearer regulations are proposed to ensure legal certainty and protection for PPPKs in strategic positions.

Gabriel Simson Tamba; Revo Christanto; Fadlan Fadlan; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the complex challenges surrounding criminal acts perpetrated against Indonesian migrant workers and evaluates the effectiveness of current law enforcement mechanisms and legal protection frameworks. The research analyzes both domestic and international legal instruments designed to protect migrant workers, with particular focus on their implementation and practical outcomes. Through a comprehensive assessment of case studies, legal documents, and enforcement data, this study reveals significant gaps between established legal protections and their actual enforcement. Key findings indicate that Indonesian migrant workers frequently face various forms of criminal exploitation, including physical abuse, fraud, human trafficking, and unlawful confinement, while working abroad. The study identifies several systemic barriers to effective legal protection, including jurisdictional complexities, limited access to legal resources, inadequate bilateral agreements, and weak enforcement mechanisms in both sending and receiving countries. Furthermore, the research highlights the critical role of government agencies, diplomatic missions, and non-governmental organizations in providing legal assistance to victimized workers. The study concludes by proposing concrete recommendations for strengthening the legal protection framework, enhancing international cooperation in law enforcement, improving access to justice for migrant workers, and developing more robust preventive measures against criminal exploitation.

Himawan Azri Lubis; Bonanda Japatani Siregar

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Rape is a criminal act by means of violence, threats and forcing the will on others, to commit an act that violates the rules, rape is often committed by someone by forcing others to have intercourse with threats and violence. In rape, many become victims, where almost all victims lack the courage to defend themselves so that it is easy for someone to commit rape. As in article 285 of the Criminal Code. The type of research used is normative juridical and empirical juridical. Normative juridical research is legal research that places law as a building of a norm system. The norm system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This research was conducted on secondary data such as laws and regulations, scientific journals, law books related to the law of cooperation agreements and agencies. While empirical juridical research is research that has an object of study regarding community behavior. The behavior of the community studied is behavior that arises as a result of interacting with the existing norm system. The interaction emerged as a form of public reaction to the implementation of a positive legal provision and can also be seen from the behavior of the community as a form of action in influencing the formation of a positive legal provision. Empirical legal research in writing this thesis was conducted through direct interviews with the Sei Rampah District Court, Serdang Bedagai Regency. Research Results A. Imposition of sanctions on perpetrators of rape in the decision of the Serdang Bedagai District Court Number 511 / Pid.Sus / 2022 Pn Srh. Sentencing the Defendant therefore to imprisonment for 14 (fourteen) years and a fine of Rp1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid it is replaced with imprisonment for 2 (two) months; B. Regulation of criminal acts of indecency in laws and regulations. Article 281 of the Criminal Code Threatened with a maximum imprisonment of 2 years and 8 months or a maximum fine of Rp4.5 million: C. Obstacles faced in protecting victims of indecency against women and steps. The obstacles experienced are in the form of a protracted legal process (undue delay), evidence, the absence of articles regulating certain sexual crimes, intimidation from the perpetrator, and lack of support from the victim's closest environment.  

Rafik Siswanto Badu; Nirwan Junus; Sri Nanang Meiske Kamba

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The research aims to analyze the form of contract delay in the Civil Code and outline the implications of contract delay due to force conditions in the Covid-19 pandemic. To answer this problem, normative legal research methods or library research are used. This normative type of research uses qualitative analysis, namely by explaining existing data with words or statements sourced from prime legal materials, secondary legal materials and tertiary legal materials. Data obtained from the literature will be analyzed deductively. Analysis is a method of analyzing general legal knowledge data obtained from laws and literature and then implemented on the problems raised, so that answers to specific problems are obtained. The results of the research show that the form of contract delay is regulated in articles 1244-1245 of the Civil Code which determines that force majeure can eliminate the element of default in the agreement, as long as the force force actually occurs and prevents one of the parties from carrying out its obligations, the type of contract delay is a contract in banking institution agreements, contracts in certain collateral imposition agreements, and contracts in business agreements. The implications of contract delays due to force majeure conditions in the Covid-19 pandemic where actions occur by not carrying out or delaying carrying out the achievements stated in the contract resulting in default and ultimately civil legal disputes between the parties involved in the contract. Dispute resolution through court or litigation refers to procedural law regarding the requirements under which a dispute or legal action can be submitted and the efforts that can be taken by the parties. as for preferences for conflict resolution (ADR) or non-litigation or preferences for conflict resolution using mediation, arbitration and negotiation methods