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Muhammad Khaidir Kahfi Natsir; Magdhalena Tasik Todingrara

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

In an ever-evolving digital era, the protection of human rights has become an increasingly complex and urgent challenge. Digital constitutionalism emerges as an innovative and necessary framework to address this challenge, integrating human rights principles into technology-based state governance. This journal aims to explore how digital constitutionalism can strengthen the protection of human rights while analyzing the challenges and opportunities faced in its implementation. Through a qualitative analysis approach, this research collects and analyzes relevant literature as well as case studies from various countries that have adopted the principles of digital constitutionalism. The findings indicate that while digital constitutionalism offers significant potential to enhance human rights protection, substantial challenges such as privacy, data security, and access to information still need to be addressed. Furthermore, the role of government, civil society, and the private sector is crucial in creating an environment that supports the protection of human rights in the digital space. The conclusion of this research emphasizes the importance of cross-sector collaboration to ensure that human rights are not only constitutionally recognized but also effectively protected in practice. Thus, digital constitutionalism serves not only as a tool for safeguarding human rights but also as a driver for creating a more transparent, accountable, and responsive governance system to meet the needs of society in the digital era.

Abd Rahman Saleh; Imam Fawaid

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

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.

Ainun Ni’mah; Abdul Gofur; Rustam Effendie

Concept: Journal of Social Humanities and Education 2025 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Improving the quality of human resources in the civil service is a major challenge in realizing effective, adaptive, and professional governance. Training civil servants is an important tool for building their competence, but its success depends heavily on the extent to which the training evaluation process is carried out systematically and continuously. This study aims to describe the implementation of training evaluation at the Human Resource Development Agency (BPSDM) of Central Kalimantan Province, focusing on the implementation mechanism, assessment indicators, and follow-up on evaluation results. The method used is descriptive qualitative research, with data collection techniques through interviews, observations, and document reviews for two months, from August to September 2025. The results show that training evaluation at the Central Kalimantan Province BPSDM is carried out in an orderly and structured manner with full reference to the guidelines of the State Administration Agency (LAN). The assessment was conducted using a Google Form-based instrument distributed to participants at the end of the training. The evaluation results were used by the quality assurance team as a basis for formulating recommendations for program improvements. This study implies that the consistent application of evaluation and measurable follow-up are crucial in enhancing the quality of civil servant training programs on an ongoing basis.

Fedianty Augustinah; Ficha Indriana; Eny Haryati

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

This research intends to examine novel performance management techniques for Civil Servants (ASN) to improve bureaucratic professionalism at the Regional Civil Service Agency (BKD) in Sidoarjo Regency. The research arises from the increasing use of digital performance systems via the e-Performance application, which has yet to show notable changes in behavior among bureaucrats. The study examines the efficiency of the e-Performance system, organizational culture, leadership roles, and management innovations at BKD. Employing a qualitative case study method, data were gathered through extensive interviews, observations, and document review with structural officials and staff. The results indicate that the e-Performance system has enhanced administrative efficiency and transparency, yet it still falls short in fostering employee participation and feedback processes. Deficiencies in digital skills and insufficient training for fostering culture were noted as well. The research suggests fostering a reflective workplace culture centered on recognition, ongoing digital skills training, and establishing a reciprocal feedback mechanism in performance assessments. Working with outside organizations is crucial to maintain accountability and impartiality. These results are anticipated to enhance ASN professionalism and foster an adaptive, innovative bureaucracy in the era of digital governance.

Ficha Indriana; Fedianty Augustinah; Eny Haryati

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

This research looks into the transparency and accountability in the promotion process for civil servants at the Regional Civil Service Agency (BKD) of Sidoarjo Regency as a component of the continual bureaucratic reform aimed at achieving clean and professional governance. Overall, the promotion process has embraced the digital-based Sidoarjo Smart ASN system and adheres to the merit principle, although obstacles persist in achieving completely transparent and accountable practices. The study centers on four key areas: transparency of public information, responsibility in decision-making, the validity of the merit system, and the efficiency of internal oversight and citizen engagement. A qualitative descriptive method utilizing a case study approach was employed, incorporating in-depth interviews, direct observations, and the analysis of official documents. The results indicate that transparency continues to be administrative in character, accountability is focused vertically instead of being horizontally accountable to the public, and the merit system encounters challenges linked to bureaucratic culture and the integration of competency data. Additionally, internal oversight does not have enough community engagement in assessing promotion procedures. The research suggests improving transparency via interactive publishing, establishing accountability systems based on performance, boosting independent evaluation capabilities, and incorporating digital oversight tools with public engagement. These results are anticipated to provide a basis for creating a civil service management model at the regional government level that is more transparent, accountable, and grounded in integrity.

Moh. Mujibur Rohman; Patria Adiguna; Arvy N. Osma

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This study explores the effectiveness of restorative and civil governance models in resolving environmental disputes at the local government level. As environmental conflicts become more complex and widespread, traditional legal approaches often fail to provide quick, sustainable solutions. Restorative governance models, which prioritize community involvement, collaboration, and the restoration of relationships, offer a promising alternative to adversarial legal proceedings. The research combines policy analysis and semi-structured interviews with local government officials, mediators, and community representatives to assess the implementation and outcomes of these models in real-world contexts. Findings indicate that restorative practices, when integrated with civil governance mechanisms, significantly reduce dispute resolution times (a 40% improvement) and enhance community satisfaction compared to traditional litigation processes. These models foster a more inclusive and cooperative environment, ensuring that all stakeholders, including local communities, are actively involved in decision-making processes. However, challenges such as legal framework rigidity, political pressures, and resource limitations still impede the widespread adoption of restorative practices. The study concludes with recommendations for integrating restorative approaches into local environmental policies, advocating for legal reforms and enhanced resource allocation to support these methods. Limitations of the study include its regional focus and the need for broader, longitudinal research to assess the scalability of restorative and civil governance models across different geographic contexts and environmental issues.

khoiron, alva alvin; Adi Susanto; Ayung Warninda

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

The Population and Civil Registration Office of Situbondo Regency faces challenges in improving the efficiency of recording and reporting the performance of Non-ASN employees, which has so far been conducted through temporary notes and documents. This approach is prone to delays, input errors, and suboptimal data management. To address this issue, this study aims to design a web-based information system capable of recording, managing, and displaying Non-ASN employee performance reports in a structured and real-time manner. The system is developed using PHP programming language and MySQL database to support dynamic and integrated data management. The system development follows the V-Model approach, which emphasizes verification and validation at each development stage, including requirement analysis, system design, module design, implementation, unit and integration testing, and maintenance. The result of this study is an information system that facilitates performance data entry, accelerates report generation, and improves accuracy and transparency in evaluating Non-ASN employee performance. In addition, the system is designed with a responsive web interface that is easy for stakeholders to use.

Rini Oktaviana

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the evolution of the notary supervision system in Indonesia, particularly the impact of Constitutional Court Decision No. 49/PUU-X/2012 which revoked Article 66 paragraph (1) of Law No. 30 of 2004 and the establishment of the Notary Honorary Council (MKN) through Law No. 2 of 2014. The study uses a normative juridical method with a case and statutory approach, supported by literature analysis and expert opinion. The results show that the Constitutional Court decision eliminated legal protection for notaries in facing arbitrary actions by law enforcement officers, creating inequality with other professions such as advocates and doctors. Although the Regional Supervisory Council (MPD) still exists institutionally, the authority to grant approval for summoning notaries has been lost. In response, the government established the MKN which combines elements of the Ministry of Law and Human Rights with the Indonesian Notaries Association. International comparisons show that the civil law system provides stronger protection through specialized courts, while common law does not provide a privileged position for notaries. Indonesia adopts a mixed model that provides flexibility but creates coordination complexity. The MKN plays a role in enforcing professional ethics while maintaining a balance between the protection of notaries as public officials who make authentic deeds and accountability in the judicial system, restoring the stability of legal protection that was lost after the Constitutional Court's decision.

Ni Nyoman Trisna Pradewi

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

The development of the internet in Indonesia has opened up numerous opportunities, including in the field of online commerce. One widely used feature in online transactions is the "Paylater" system, as implemented by Shopee through its Shopee Paylater service. This feature allows users to purchase goods now and pay for them later, with relatively low interest rates. This study aims to examine the regulations and implementation of Shopee Paylater, as well as the legal protection available to consumers in cases of default or issues with the service. The study refers to the Indonesian Civil Code, Law No. 8 of 1999 on Consumer Protection, and the Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016 on Information Technology-Based Lending Services. The research findings indicate that Shopee Paylater users are bound by a standard agreement with PT. Commerce Finance during the purchasing process. Shopee is responsible for protecting consumers in accordance with applicable regulations, but breaches related to network security can pose risks to consumers. In addition, while the service facilitates easier access to goods and services for users, it is crucial that consumers fully understand the terms and conditions of the service, including the consequences of late payments. The study also emphasizes the need for clearer and more comprehensive consumer protection regulations, especially in light of the rapid growth of digital financial services. This research highlights the importance of adequate legal protection for users of Paylater services to ensure their rights are safeguarded in the evolving digital economy.

Novalinda Novalinda; Cut Nuraini; Nangkula Utaberta

International Journal of Mechanical, Electrical and Civil Engineering 2025 Asosiasi Riset Ilmu Teknik Indonesia

The terminological debate between “Islamic architecture” and “Islamicate architecture” has become a central concern in studies of architecture rooted in Islamic values. Although often used interchangeably, the two terms carry different theoretical and contextual nuances. This study aims to explore the conceptual similarities and differences between Islamic architecture and Islamicate architecture through an interpretative qualitative approach by examining both classical and contemporary literature, as well as architectural spaces that represent the two terms. The analysis reveals that Islamic architecture refers more to the historical products of classical Islamic civilization, while Islamicate architecture is a contemporary approach that seeks to embed Islamic values into the design process, regardless of traditional architectural forms. This study emphasizes the importance of terminological clarity in developing an architectural identity grounded in values and spirituality. The implication is that conceptual approaches to Islamic and Islamicate architecture can enrich contemporary architectural discourse in an inclusive and contextual manner.

Andriyan Mauriz Hans Purba; Halimatul Maryani

Jurnal Begawan Hukum (JBH) 2025 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

The threat of terrorism involving the use of explosives poses a serious challenge to Indonesia’s national security, particularly in strategic regions such as North Sumatra. The suicide bombing incident at the Medan Police Headquarters in 2018 serves as a clear example of the urgency of preparedness and emergency response by the Bomb Disposal Unit (JIBOM) of the Brimob Unit at the North Sumatra Regional Police. Handling such situations requires not only high-level technical expertise but must also adhere to the principles of International Humanitarian Law (IHL) to ensure the protection of civilians. This study aims to examine the preparedness of the JIBOM Unit, assess emergency handling procedures for explosive threats based on national regulations, and analyze the conformity of these actions with the principles of humanitarian law. The research uses a normative and empirical juridical approach through literature review, field observation, and interviews with JIBOM personnel. The findings reveal that the JIBOM Unit has implemented an effective preparedness system through regular training, the use of modern technologies such as EOD robots and X-ray scanners, and the application of an integrated command system. Emergency handling procedures are carried out in accordance with police standard operating procedures (SOP) while prioritizing civilian safety. From a legal standpoint, JIBOM's actions align with key humanitarian principles such as distinction, proportionality, humanity, and military necessity, even though Indonesia is not in an armed conflict. This study emphasizes the importance of strengthening regulations, enhancing inter-agency coordination, and improving public literacy to support the lawful and humane execution of bomb disposal operations.

Narkulintan, Harnys; Listyani, Indah; Prasasti, Karari Budi

Jurnal Ekonomi, Bisnis dan Manajemen (EBISMEN) 2025 FEB Universitas Maritim Semarang

This study aims to analyze the influence of motivation, work discipline, and supervision on the work effectiveness of civil servants (ASN) at the Kediri Regency Trade Office. The research employed a quantitative approach with an associative design. The population consisted of 55 civil servants, all of whom were included as the sample using a saturated sampling technique. Data were collected using a five-point Likert scale questionnaire and analyzed through validity and reliability tests, classical assumption tests, multiple linear regression, t-tests, F-tests, and the coefficient of determination (R²). The results revealed that motivation, work discipline, and supervision each had a positive and significant partial effect on work effectiveness. Simultaneously, the three variables also had a significant effect on work effectiveness. The coefficient of determination (R²) value of 0.488 indicates that motivation, work discipline, and supervision explain 48.8% of the variation in work effectiveness, while the remaining 51.2% is influenced by other factors not examined in this study. These findings highlight the importance of strengthening motivation, enforcing consistent work discipline, and implementing effective supervision to enhance civil servants’ work effectiveness.

Panji Maulana; Muhammad Insa Ansari; Teuku Saiful

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

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

Nanda Zulisma Yenni; Azhari Yahya; Muhammad Adli

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

The creation of Family Cards for couples resulting from serial marriages is an administrative policy of the government, but this policy raises legal problems. This is because serial marriages are still not officially recognized according to Law Number 1 of 1974 concerning Marriage. This policy is considered not to provide complete legal protection and has the potential to weaken the principle of legality in the Indonesian marriage legal system. This study aims to analyze the background of serial marriages, analyze the policies of the Dukcapil government in providing legal protection for serial marriages, and analyze the policy of issuing family cards for serial marriage couples. The type of research used is normative legal research using legislative, conceptual, and case study approaches. Data is collected through literature research and compiled qualitatively. The results of the study show that serial marriage occurs due to economic, religious, cultural, social, and lack of legal understanding. Many people choose it because it is considered practical, cheap, and religiously legal, even though it is not recognized by the state. Dukcapil can indeed issue Family Cards for serial couples for administrative needs, but that does not make the marriage legally valid. As a result, legal protections for wives and children remain weak, especially related to inheritance, alimony, child recognition, and civil disputes.  The Marriage Law requires registration for marriage to be legal, so the issuance of family cards for serial couples has the potential to cause multiple interpretations and conflicts of legal norms. The suggestions of this research are to improve legal education, simplify marriage registration, strengthen the role of religious/traditional leaders, and expand isbat nikah so that the family rights of serial couples are legally protected.  

Nadia Prawira Supriadi; Dodi Jaya Wardana; Ifahda Pratama Hapsari

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

This study aims to discuss the implementation issues of Gresik Regency Regional Regulation Number 7 of 2002 as an effort to overcome street prostitution. Gresik Regency, known as the City of Islamic Students, faces challenges related to prostitution practices. Although Gresik Regency only has the authority to regulate street prostitution, efforts were made by issuing Regional Regulation (Perda) Number 7 of 2002 concerning the Eradication of Prostitution and Indecent Acts in Gresik Regency. However, in its implementation, this Perda is considered ineffective in overcoming the growing number of street prostitution. Several problems emerged, including the implementation of the Perda and its level of success. The research method used is the sociological juridical method with data collection techniques through observation and interviews. The results of the study show that the Gresik Regency Satpol PP implemented Perda Number 7 of 2002 by conducting raids. However, the raids still face obstacles such as information leaks, limited authority, and military interference in prostitution efforts. In addition to raids, the authorities also provide an introduction to the Perda to prostitutes and pimps as a preventive measure. The analysis of the factors driving the effectiveness of the law shows that this Regional Regulation has not been implemented optimally. Inhibiting factors include law enforcement, public legal awareness, and cultural factors. The author recommends that the Gresik Regency Government conduct socialization of Regional Regulation Number 7 of 2002 to the public to improve understanding and legal awareness. In addition, Satpol PP needs to conduct routine raids in collaboration with the police to follow up on the involvement of military personnel and take firm action against civil servants who leak the implementation of raids. The public is also expected to support the authorities in overcoming prostitution

Muhammad Husein Abdullah

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

This study provides an in-depth examination of the emergence of servitude rights (hak servituut) arising from procedural errors in land parcel division, which result in landlocked plots without road access. Servitude rights, as regulated in Article 674 of the Indonesian Civil Code and reinforced by the Conversion Provision of Article I point 6 of the Basic Agrarian Law (UUPA), constitute a legal burden imposed on one parcel of land for the benefit of another, thereby ensuring that landlocked owners gain reasonable access. Although the UUPA serves as the national agrarian framework, the servitude concept remains highly relevant and functions as a crucial legal instrument to safeguard the rights of affected landowners. This research employs a normative juridical approach, integrating statutory and conceptual analyses to explore the consistency between legal theory and practice. The findings demonstrate that parcel division conducted without considering the social function of land, as mandated by Article 6 of the UUPA, can trigger access disputes that adversely affect community interests. Dispute resolution may proceed through litigation or non-litigation channels, with mediation emerging as the more effective and efficient option for maintaining harmonious relations between parties. Article 667 of the Civil Code provides a clear legal basis for landlocked property owners to obtain access while obligating them to pay fair compensation to the burdened land. Based on these findings, the study recommends strict adherence to lawful land division procedures and the development of detailed technical guidelines on servitude compensation to prevent future disputes and to strengthen legal certainty for all stakeholders.

Dewi Nurhaliza; Afiyatun Kholifah

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

This article discusses the strategic role of general moderation of Generation Z in supporting the vision of "Golden Indonesia 2045", emphasizing the importance of religious moderation as the foundation of social stability, tolerance, and interfaith harmony. Generation Z, as a digital generation that grew up in the midst of globalization and technological disruption, has great potential in forming an inclusive and resilient society against the threat of radicalism and intolerance. This study uses a qualitative approach through a literature study to explore how Generation Z understands, evaluates, and internalizes moderate religious values in daily life. The results of the analysis show that religious and religious literacy is a crucial element in building balanced social and spiritual awareness among the younger generation. This article also identifies strategies that can be applied by Generation Z as a social fortress, including through strengthening the values of moderation in formal education, using social media wisely, and integrating the principle of moderation in public policy. The mainstreaming of religious moderation in various sectors of life is believed to be able to foster a tolerant, critical, and globally competitive generation. Thus, Generation Z is not only the successor of the nation, but also the main actor in realizing a just, harmonious, and civilized Indonesian society towards 2045.

Klemens Raditya Maulana

Jurnal Kendali Teknik dan Sains 2025 International Forum of Researchers and Lecturers

. The phenomenon of a potential megathrust earthquake predicted to occur in the coming years has raised widespread concern among the Indonesian public, particularly due to the high vulnerability of existing structures. In response to this issue, this study aims to analyze the structural capacity of buildings in resisting seismic forces and lateral loads, with a specific focus on factory structures. As a civil engineering student specializing in structural engineering, the objective of this research is to examine the behavior, performance, and potential failure patterns of building structures under earthquake loads. The research method employs pushover analysis as a tool for structural assessment, while the evaluation process refers to the guidelines outlined in ATC-40. The analysis results indicate that the factory structure is capable of withstanding a lateral load of 108,587.40 kN, with a controlled roof displacement of 1.5 meters. The structural performance level is categorized under the Damage Control (DO) stage, specifically at performance level SP-2, where the structure remains standing under lateral loads but experiences damage requiring repair before reuse. Furthermore, the failure patterns observed reveal a progressive performance of structural elements, shifting from condition B (Basic), IO (Immediate Occupancy), LS (Life Safety), C (Collapse Prevention), up to E (Extreme Damage). These findings highlight the importance of proper structural design and evaluation in enhancing resilience, ensuring safety, and minimizing potential risks from future megathrust earthquake events.

Elis Yesika br Rajagukguk; Roida Nababan; Sovia Simamora

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

This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach.  Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results,  as well as various official institutional documents such as regulations and other literature relevant to the issues being studied.  The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education,  and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.

Deanna Fitri Roshandi

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

Agreements are an important instrument in everyday life, both in the social and economic spheres. In practice, agreements are not always made in written form, but are often made orally. This phenomenon raises legal questions about whether oral agreements have valid legal force and can be used as a basis for dispute resolution. This study aims to analyze the legal status of oral agreements from the perspective of Indonesian civil law by referring to Article 1320 of the Civil Code (KUHPerdata), which regulates the requirements for a valid agreement. The research method used is normative juridical with an approach to relevant laws and legal doctrines. The results of the study indicate that oral agreements remain legally valid as long as they meet the four requirements for a valid agreement: agreement of the parties, capacity to enter into an agreement, the existence of a specific object, and a lawful cause. However, the main problem arising from oral agreements is the difficulty in proving them when disputes arise, given the lack of written evidence that can be used as a basis before the law. Therefore, although civil law does not require a written form for the validity of an agreement, writing an agreement is still recommended to provide legal certainty, facilitate proof, and protect the interests of the parties. This finding underscores the importance of public legal awareness in choosing a form of agreement that is safer and has stronger evidentiary force.