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Yoanita Rostika Lala; Darius Mauritsius; Chatryen M. Dju Bire

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

This research aims to analyze the factors behind the rejection of land vacancy by recipients of land use rights in Numponi Village, East Malaka District, Malacca Regency. Employing an empirical legal research method, the study integrates primary data obtained through interviews and secondary data gathered from literature studies. The data were analyzed using a qualitative descriptive approach. The findings reveal that the refusal to vacate land stems from a combination of internal and external factors. Internal factors include claims made by the right holders over the land, fulfillment of tax obligations, and the perception of ownership by the recipients of use rights. Meanwhile, external factors involve economic interests, cultural values, the influence of a matrilineal customary system that is not yet fully understood by the disputing parties, and a general lack of public awareness regarding agrarian law and the necessity of formal land documentation such as certificates. The study highlights the critical need for better dissemination of agrarian legal knowledge and formal land administration practices within local communities to prevent future disputes and ensure legal certainty over land use rights.

Kevin Stevanus Jeremia; Abdul Rahman Maulana Siregar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses legal certainty for healthcare workers in cases of malpractice resulting from violations of working hours. The primary focus of this study is to identify the legal responsibilities that can be imposed on healthcare workers and the legal protections available to them. Through an analysis of regulations under Law No. 17 of 2023, the article finds that although a clear legal framework exists, challenges remain in its implementation. The study also highlights the importance of transparent and fair resolution procedures to protect the rights of healthcare workers and patients. Therefore, collaborative efforts between the government, professional organizations, and healthcare institutions are needed to create a safe and supportive work environment.

Santy Fitnawati WN; Meisha Amelia Hayatinnufus; Nilam Cahya Listyani; Riki Gana Suyatna

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A contract is an important legal tool in society, whether in business, family, or personal relationships. In civil law, a contract not only regulates the rights and obligations of the parties involved, but also must adhere to several principles that underpin its validity and execution. This article aims to analyze the key principles in contracts under Indonesian civil law, such as the principle of freedom of contract, the principle of consensualism, the principle of good faith, the principle of pacta sunt servanda, the principle of balance, and the principle of compliance with the law. This study demonstrates that these principles not only serve as guidelines in drafting contracts, but also provide legal certainty for the parties involved. In practice, the application of these principles is crucial to avoid injustice and abuse during the contracting process. 

Holifia Holifia; Fathorrahman Fathorrahman

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

Crimes that occur in human life include social events that will always be faced by every human being, society and even the State. Crimes can only be prevented and reduced but it is impossible to completely eliminate them. One of these crimes is violence. This study aims to determine the form of legal protection that has been carried out by the government, law enforcement officers and parties who have the right to provide protection for women as victims of domestic violence and to determine the obstacles faced by law enforcement in providing protection for women as victims of domestic violence. The results of the study indicate that the role of law enforcement officers in protecting women's rights has begun since the discovery of cases of violence by police officers until the time of examination in court and in efforts to provide legal protection for women who are victims of domestic violence, several obstacles were found. These obstacles include factors of the victim themselves, factors of law enforcement officers, factors of facilities and infrastructure, community factors, cultural factors.

Millatul Hakimah; Dairani Dairani

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

On February 17, 2012, the Constitutional Court granted the lawsuit filed by Hj. Aisyah Mochtar who filed a judicial review of Article 34 Paragraph (1) of Law Number 1 of 1974 concerning Marriage. This lawsuit arose from her marriage to Moerdiono in accordance with Islam which was not officially registered, which gave birth to a son, Iqbal Ramadhan. The Constitutional Court's decision changed the status of illegitimate children, who previously only had a civil relationship with the mother, now also have a civil relationship with the father and the father's family. This decision applies not only to children born from unregistered marriages, but also to children from relationships between men and women without the bonds of marriage which can be proven through technology such as DNA testing. These children are entitled to civil rights protection, such as maintenance and education, but are not related to guardianship issues. In its considerations, the Constitutional Court emphasized that the law must provide fair protection and legal certainty for the status of children, including those born even though their marriage is still disputed. Eliminating discrimination against illegitimate children aims to provide positive value for the future of children. The obligation of alimony that was previously only borne by the mother, is now shared with the father who can be proven to have a blood relationship with the child. If the father neglects to fulfill his obligations, he can be sued in court. The next question is how the Constitutional Court Decision will be implemented regarding the recognition of the lineage of children born outside of legal marriage.

Audrey Adyuta Putri; Elisatris Gultom

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

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.  

Umbu Kudu Katauhi Mila; Josef Mario Monteiro; Cyrilius W.T. Lamataro

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

This study aims to analyze the regulation of residence permit services for foreign citizens after the stipulation of the regulation of the Minister of Law and Human Rights number 22 of 2023 concerning visas and residence permits. This research is a normative research supported by field research and literature research using primary legal materials, secondary legal materials and tertiary legal materials collected using documentation techniques or literature studies and processed and analyzed in a qualitative descriptive manner. The results of the study show that (1) Synchronization of foreigner residence permit arrangements between Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration and  Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits It is important to create legal certainty and the effectiveness of the implementation of rules (2) Factors that cause Foreign Citizens to exceed the limit of Residence Permit in Indonesia, namely Legal Awareness Factors and Legal Compliance Factors.

Markus Gunawan; Ali Amran; Erniyanti Erniyanti

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

This research examines the role of Indonesian Notary Position Regulations (UUJN) in enhancing integrity and professionalism within the notarial profession in Indonesia. The study adopts a normative legal research methodology, integrating both statutory and conceptual approaches to evaluate the effectiveness of existing regulatory frameworks governing notarial practice. Primary objectives include analyzing the impact of current regulations on notarial standards, identifying implementation challenges, and developing recommendations for regulatory enhancement. The research findings demonstrate that while the UUJN serves as a crucial foundation for professional notarial practice, several significant challenges persist in its implementation. These challenges encompass technological adaptation requirements, increasing transaction complexity, and the need for stronger oversight mechanisms. Analysis reveals opportunities for regulatory refinement to address emerging professional demands while maintaining high standards of integrity. This study contributes to the existing body of knowledge by providing comprehensive insights into the relationship between regulatory frameworks and professional excellence in notarial practice. The findings lead to specific recommendations for regulatory enhancement, including strengthening supervisory mechanisms, developing continuous professional development programs, and harmonizing standards with international best practices. These recommendations aim to foster a more robust and adaptable notarial profession in Indonesia while maintaining its fundamental role in ensuring legal certainty and protection for society.

Okky Irawan; Saverius Nahat; Tetty Nababan; Syafrida Syafrida; Sufiarina Sufiarina

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law enforcement serves as a fundamental mechanism for establishing order, security, and peace within society. It encompasses efforts to prevent or eliminate violations of the law, addressing issues both preventively and repressively. However, challenges arise when actions taken do not align with established procedures. The appropriate course of action within a legal framework is essential, and when discussing legal protection in the context of procedural law, it is important to clarify that such protection should not be interpreted as a means to shield offenders from accountability. This study seeks to evaluate law enforcement in Indonesia through the lenses of legal certainty, justice, and societal benefit. Employing a literature review methodology, which relies on expert opinions, the findings indicate notable deficiencies in the law enforcement system in Indonesia. For an extended period, those seeking justice within society have yearned for equitable law enforcement. Nevertheless, current practices in law enforcement tend to prioritize legal certainty over the community's sense of justice. Various court decisions, for example in the case of grandmother Minah and Aal, the sandal thief, seem to illustrate that law enforcement tends towards the view that law is law and has given rise to public disappointment with law enforcement in Indonesia.

Muhamad Farudin; Haidar Hisyam Setiawan

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

This research paper discusses the legal protection for foundations against the misuse of social donations by recipients, using the case of Agus Salim and the Yayasan Rumah Peduli Kemanusiaan as a focal point. Legal protection is essential in ensuring justice, security, and legal certainty for individuals and organizations, particularly in the context of non-profit foundations that play a crucial role in channeling donations to those in need. The misuse of social donations poses significant risks, not only causing financial losses but also damaging the foundation's reputation and public trust. This study employs a normative legal research method to analyze the relevant legal aspects, including laws governing foundations and social donations, while emphasizing the need for effective legal mechanisms to safeguard foundations against such abuses. The findings highlight the critical role of legal frameworks in preventing and addressing misuse, ensuring that donations are utilized according to their intended social purposes. Ultimately, this research aims to contribute to the understanding of legal responsibilities and protections for foundations, promoting transparency and accountability in social donation management.

Dina Yaniar Putri; Moh. Ali Hofi

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

E-Court is a court instrument in seeking legal certainty so that cases can be resolved quickly. The scope of E-court includes online case registration (e-filling), online estimation of case costs (e-skum), online payment of downpayment (e-payment), online summons of parties (e-summons) and online hearings (e-litigation) by sending court documents (Replik, Duplik, Conclusion, Answer). The focus that will be discussed in this scientific work includes first, how to read the judge’s decision via E-court. Second, how to apply the principle of hearings open to the public via E-court. To facilitate understanding in this research, researchers used a Normative Juridical research method with a Legislative approach. The data colletion technique carried out by the researcher was by identifying and analyzing statutory regulations, namely PERMA Number 1 Of 2019. The results of the research carried out by the researcher can be concluded that first, the application of the principle of open to the public hearings is appropriate and reflects the applicable statutory regulations. And will still be implemented, but with several restrictions on the number of court visitors and the distance between visitors. Second, regarding the reading of the judge’s decision via e-court, it is legally considered to have been attended by the parties and carried out in a trial open to the public. And has legal force and legal consequences.

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.

Nurlia Siti Muntamah

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

The problem that arises is the use of transaction value as the basis for BPHTB calculations. The provisions governing the basis for BPHTB calculations are the transaction value. The use of transaction value as the basis for BPHTB calculations often causes problems in the field, because it is not uncommon for the transaction value submitted by taxpayers to be considered inappropriate by tax officials, so that when validation is carried out, it is not uncommon for officers to request that the transaction value be changed and adjusted according to the assessment. tax. This research is of a Notmative Juridical nature with the research object being the BPHTB for land sale and purchase transactions. That the legal certainty regarding the provisions for BPHTB calculations for land sale and purchase transactions regarding discrepancies between the NJOP in the Land Sale and Purchase Deed and the actual land price is that the BPHTB calculation is calculated from the NJOP PBB value stated in the SPPT PBB. The government, to provide guarantees of legal certainty regarding BPHTB, then issued a Circular Letter to the National Land Agency of the Republic of Indonesia number: 05 /SE/IV/2003 concerning Registration of Land Rights or Registration of Land Rights related to the implementation of Law Number 28 of 2009 concerning Regional Taxes and Regional Levy, which is addressed to heads of land offices throughout Indonesia. In order for there to be certainty in the payment of BPHTB, it is necessary to determine the exact value as the basis for calculating BPHTB by the authorized agency, for example by using the Value Selling Land and Building Tax Tax Objects (NJOP PBB) as outlined in the Land and Building Tax Debt Notification Letter. Building (SPPT PBB), or its value determined by the authorized agency.

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.

Bahrul Ulum

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

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

Asri Sabrina Koto; Siti Aini

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

This article examines marriage law as a form of uniformity and legal certainty. However, there are still differing views among Islamic scholars (fuqaha) regarding the position of witnesses in marriage. In light of this, the author is interested in discussing the role of marriage witnesses as one of the requirements for marriage according to the four fiqh schools of thought. This research employs a literature review method by collecting primary and secondary data from books, journals, and other legal regulations. The findings show that, according to the four fiqh schools, a marriage witness is an individual who clearly and certainly knows about the marriage event and is ready to provide evidence that can be held accountable if required by either party regarding the occurrence of the marriage. In the context of legal regulations, a marriage witness is recognized as one of the pillars of marriage, based on the view of the Shafi’i school. Two witnesses are the minimum requirement for marriage, and the purpose of having witnesses is to prevent the emergence of negative issues in society related to extramarital relationships. The presence of marriage witnesses also affirms the rights that arise after the marriage contract, such as the right to consultation, maintenance rights, and inheritance rights.

Candra Andreansah Harahap; Agung Syarifudin; Fadlan Fadlan

International Journal of Social Science and Humanity 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research examines the legal construction of interfaith marriage in Indonesia within its pluralistic context. Through socio-legal analysis, it explores current regulations, implementation practices, and challenges in accommodating interfaith marriages under Indonesian law. The study analyzes Marriage Law No. 1/1974, Civil Administration Law, and relevant court decisions, revealing gaps between constitutional rights of religious freedom and existing marriage regulations. Research methods include document analysis, case studies, and comparative legal analysis with other pluralistic societies. Findings indicate significant challenges in legal recognition and civil registration of interfaith marriages, impacting citizens' constitutional rights. The study proposes legislative reforms and administrative improvements to better accommodate religious diversity while maintaining legal certainty. This research contributes to the ongoing discourse on legal pluralism and religious freedom in Indonesian marriage law.

Rully Affan Pamungkas; Rastra Wahyudityana; Fadlan Fadlan

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research conducts a comprehensive juridical analysis of interfaith marriage within the framework of Indonesian positive law, examining the legal complexities and regulatory challenges in the current legal system. The study critically analyzes the existing legal instruments, including Marriage Law No. 1 of 1974, compilation of Islamic Law, and relevant Supreme Court decisions that govern interfaith marriages in Indonesia. Through doctrinal legal research methodology, this study investigates the legal vacuum surrounding interfaith marriages and its implications on citizens' constitutional rights. The research examines how different legal interpretations by civil registry offices, religious courts, and other legal institutions affect the implementation of interfaith marriage regulations. Findings indicate substantial inconsistencies in legal interpretation and application, leading to legal uncertainty for couples seeking interfaith marriages. The study reveals that while Indonesian positive law does not explicitly prohibit interfaith marriages, the absence of clear regulatory frameworks often results in practical obstacles and varying administrative practices across different regions. The research also explores how judicial decisions have shaped the legal landscape of interfaith marriages, analyzing landmark cases that have influenced current legal practices. This study concludes that there is an urgent need for legal reform to provide clear guidelines for interfaith marriages that align with constitutional principles while respecting religious values and human rights in Indonesia's pluralistic society.

Fitri Yanti Katili; Qisthy Leonarza; Fadlan Fadlan

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

The legal landscape of interfaith marriage in Indonesia presents a complex challenge that intersects social dynamics, legal frameworks, and cultural diversity. This research aims to critically analyze the existing legal system governing interfaith marriages, exploring the fundamental tensions between legal norms and social realities. Through a comprehensive socio-legal methodology, the study investigates the intricate challenges of harmonizing marriage laws in a pluralistic society.The research employs a mixed-method approach, combining normative juridical analysis with empirical social research. Extensive document analysis, comparative legal studies, and expert interviews provide a nuanced understanding of the current legal and social complexities surrounding interfaith marriages. The study examines the interactions between state law, religious norms, and customary traditions that shape marriage regulations in Indonesia.Key findings reveal significant gaps between legislative provisions and social practices, highlighting the urgent need for a more adaptive and inclusive legal framework. The research identifies multiple challenges, including jurisdictional conflicts, individual rights protection, and the complex interplay of different normative systems. Theoretical foundations draw from legal certainty theory, legal pluralism, and social justice theory to construct a comprehensive analytical framework.The study proposes innovative approaches to legal harmonization, emphasizing the delicate balance between maintaining legal certainty and accommodating social realities. Recommendations include developing more flexible legal mechanisms, enhancing inter-institutional dialogue, and creating regulatory frameworks that recognize the dynamic nature of social relationships and individual rights in contemporary Indonesian society.Ultimately, the research demonstrates that effective legal harmonization requires a holistic approach that bridges the gap between formal legal structures and the lived experiences of individuals navigating interfaith marriages. By providing a critical analysis of the current legal landscape, the study contributes to broader discussions on legal pluralism, social justice, and individual rights in Indonesia.

Vidi Siami Mulyanti; Nia Kurniati; Artaji Artaji

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

Agrarian disputes in Indonesia often face challenges in ensuring legal certainly, including the execution of Supreme Court Decision No. 109/PK/Pdt/2022 concerning the Dago Elos land dispute. This study aims to analyze the legal certainly of the execution involving the Muller family’s claim based on the colonial Eigendom Verponding system and the physical control of the land by local communities. Using a normative judicial approach and descriptive qualitative analysis, primary legal documents and legal literature were purposively selected as the main data sources. The study found significant barriers to execution due to local community resistance and conflicts between colonial and national agrarian systems. The main conclusion highlights challenges in implementing the principle of legal certainty, even though the old rights have been recognized. The novelty of this research lies in its analysis of the relationship between colonial and national regulations in agrarian disputes. This study recommends comprehensive agrarian law reform to prevent similar conflicts and strengthen public trust in the national legal system.