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Jeshika Basaria Tambunan; Zakki Adlhiyati

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to analyze the evidentiary strength of descente in disputes over the division of joint property based on a study of decision number 4757/Pdt.G/2022/PA.Tgrs, as well as examining the judge's considerations in granting a lawsuit based on a study of decision number 4757/Pdt.G/2022/PA.Tgrs. This research uses a normative approach with a case study method. The results of the research show that the strength of descente is independent (vrij bewijsleer), but not binding (dwingend bewijsleer). This means that the results of the descente do not absolutely determine the judge's decision, the judge's decision is still based on a free assessment of all evidence relevant to the case. The judge's considerations in this case stipulate that joint property must be divided fairly, namely that each party is entitled to half of the joint property, as regulated in Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The judge's considerations also show that the principles of justice and legal certainty are a priority, with reference to legal provisions governing the fair distribution of joint property. The decision taken accommodates the interests of both parties, and confirms that the absence of one party in the trial does not prevent decision-making based on the available evidence.

Anak Agung Ngurah Bgs Pradhana Ningrat; I Wayan Rideng; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines Legal certainty is a crucial element in effective governance, especially in the context of laws and regulations. This research examines the enforceability of the Minister of Home Affairs Regulation No. 86/2017, which regulates the preparation of the Local Government Work Plan (RKPD). This research finds that legal certainty in the RKPD is strongly influenced by the implementation and supervision of the regulation. In addition, challenges in harmonization between central and local regulations are an important factor in ensuring effective enforcement. The results show that the ambiguity in Article 78 results in uncertainty in the integration of pokir into the RKPD, thus reducing the effectiveness of DPRD participation and potentially creating conflict between the executive and legislature. To improve legal certainty, it is suggested that further revision and explanation of the provision is needed, as well as training for local officials on more effective implementation of the regulation. The findings are expected to serve as recommendations for policymakers in drafting clearer and firmer regulations.This research recommends clarification and revision of Article 78 to create a clearer framework and support synergy between local governments and DPRDs. The findings are expected to contribute to the improvement of more inclusive and responsive regional planning policies.

Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.

Yarisman Zai; Roida Nababan; Meli Hertati Gultom

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

Online rotating savings groups (arisan) are a form of activity involving numerous members with the purpose of periodic fund collection. In practice, these activities often give rise to various legal issues, one of which is the breach of obligations (wanprestasi) by members in fulfilling their payment commitments. Such breaches result in legal consequences that not only harm the involved parties but also have the potential to erode public trust in online rotating savings activities. One case that serves as the focus of this research is Decision Number 41/Pdt.G/2021/PN Pwd, which addresses the issue of breach of obligations within the E-Master online rotating savings group. This study aims to analyze the legal consequences arising from breaches of obligations by members in the payment of arisan contributions under civil law. Employing a normative juridical approach and case study method, this research underscores the importance of legal certainty in resolving disputes related to online rotating savings. Furthermore, it highlights the need for more specific legal regulations governing online rotating savings activities to safeguard the rights of all involved parties.

Aldi Ferdian Basari; Amirul Mustofa; Ulul Albab; Widyawati Widyawati

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

This study aims to describe and analyze: the role of the Surabaya Special Class I Immigration Office to prevent Illegal Indonesian Workers and what are the obstacles and efforts made.  The research method to be used is qualitative descriptive.  Data Collection Techniques include: Interviews, Observations, Documentation. The research informant is the Head of the Suarabaya Special Class I Immigration Office. The data analysis technique using interactive model analysis was developed by Miles et al., (2014), namely data condensation, data presentation, and conclusion drawn. The results of the study show that the Surabaya Special Class I Immigration Office has a role as a regulator carried out by providing understanding and socialization to the public about the dangers of illegal migrant workers who will not get legal certainty in their placement areas. As a regulator, immigration supervision of Indonesian citizens is carried out when applying for travel documents, either out or into Indonesian territory or being outside Indonesian territory. As a facilitator, providing Travel Documents of the Republic of Indonesia (DPRI) to every citizen who will travel abroad as long as there are no burdensome things. The obstacles faced are Indonesian Prospective Workers who still often forge documents, still often abuse Travel Documents, lack of awareness of Indonesian Prospective Workers in compliance with Immigration documents. Some of the efforts taken include regular Counseling and Education, Pre-Immigration Consultations. Strengthening Cooperation with Recognized and Licensed Official Placement Agents. Strict Monitoring and Supervision of activities related to immigration. Strict Law Enforcement on placement agencies or prospective migrant workers involved in non-procedural practices. Collaborate with relevant agencies such as the Ministry of Manpower, the police, and migrant worker protection agencies to exchange information and support comprehensive prevention efforts such as the Indonesian immigration security agency.

Ali Wafa; Ika Devy Pramudiana; Dian Ferriswara

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

This study aims to describe and analyze: the implementation of Good Corporate Governance and how it affects the performance of the Surabaya City Fire and Rescue Service.  The type of research used is qualitative research. The data analysis technique in the study uses a technique developed by McNabb (2002), namely Grouping the data according to key constructs, identifying bases for interpretation, developing generalizations from the data, Testing Alternative interpretations and forming and/or refining generalizable theory from case study. The results of the study show that in principle, the implementation of Good Corporate Governance (GCG) at the Surabaya Fire and Rescue Service (Dinas Pemadam Kebakaran Dan Penyelematan - DPKP) has been running well. In terms of administrative transparency, the availability of service information is substantially adequate and the media of its presentation, the certainty of service time and the available service complaint mechanism. Legal accountability and honesty at the Surabaya City Fire and Rescue Service are good.  The Surabaya City Fire and Rescue Service is responsible for carrying out fire and disaster handling tasks. The 7-Minute Time Responsibility implemented by the Surabaya Fire and Rescue Service (DPKP) not only prioritizes response speed in extinguishing fires, but also respects the safety and welfare of all residents. The professionalism of service at the Surabaya City Fire and Rescue Service is shown through service innovation and fire handling. The "Roti 7 Lapis" (Reaction On Time - Roti and Free Fighting Fires Service - Layanan Pemadaman Gratis/Lapis) program from DPKP Surabaya emphasizes its commitment to rewarding citizens more than just prioritizing financial gain or personal excellence. The performance of the service at the Surabaya Fire and Rescue Service (DPKP) is quite good. The achievement of the response time for fire incidents in Surabaya for all incidents is 100%, which is less than 7 minutes.  The achievement of the fire management area of the city of Surabaya is 94% until 2024.  Achievement of Minimum Service Standards of Surabaya City DAMKAR 100% in 2023.

Hervienna Ayu Patricia Utari; Endang Sapitri; Angel Caroline; Sintong Arion Hutapea

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

Land registration is an important part of Indonesia's land system that aims to provide legal certainty over land ownership rights. Although this system has been widely implemented, land disputes remain a significant problem in various regions, including in Bangka Belitung. This study aims to examine the role of land registration in providing legal security for land ownership rights in Bangka Belitung as well as the factors that cause land disputes despite land registration. Based on this research, it can be concluded that although land registration provides strong legal protection, there are still various factors that cause land disputes, such as inaccurate registration data, unauthorized transfer of rights, claims based on customary rights, and lack of public understanding of the importance of proper land registration. In addition, the implementation of a more transparent, accurate, and technology-based land registration as well as increased education to the community can help reduce land disputes in Bangka Belitung. This study suggests the importance of improving the land registration system and inclusive dispute resolution efforts, to ensure that land registration can be more effective in providing legal certainty and preventing future conflicts.

Muhammad Agustian Sakha; Hironimus Steven Permana; Faiz Nawawi; Galang Adipura; Dwi Puji Haryanto +5 more

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2025 Asosiasi Periset Bahasa Sastra Indonesia

The community service program conducted by the KKN II Team of Ngadirejo Village aims to overcome marketing problems in businesses through digital marketing socialization and strengthening MSMEs in Dawungan and Dadapan Hamlets, Ngadirejo Village. This activity includes two main methods, namely digital marketing socialization to help MSME players expand market reach and increase competitiveness through digital platforms, as well as assistance in obtaining halal certification and Business Identification Number (NIB) to strengthen business legality. The results of the activities show that this program has a positive impact on increasing the understanding of MSME players in utilizing digital technology and gaining wider access to the market. With halal certification and NIB, MSMEs also get better legal certainty and opportunities to develop in a more competitive business sector.  

Quri’syaich Say Mandari; Ernu Widodo; Fathul Hamdani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Every worker as an Indonesian citizen has the desire to get a decent and prosperous life and get a decent job. A prosperous life can be achieved through the implementation of obligations as workers, the mandate is contained in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states: "Every citizen has the right to work and a decent livelihood for humanity." And in Article 28D paragraph (2): "Everyone has the right to work and receive fair and proper remuneration and treatment in employment relations." The legal issue of this normative legal research: How are labor rights regulated? What is the wage policy for workers? The regulation of labor rights in the Job Creation Law, which is regulated in Law Number 6 of 2023 concerning Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into Law, includes several important aspects that aim to provide certainty and protection for workers. The Job Creation Law stipulates certainty regarding rights and obligations for workers and companies, including arrangements regarding wages, working hours, and leave. The arrangement is expected to build a harmonious working relationship and in accordance with applicable laws and regulations. Wage policies, especially regulated in the Labor Law, have the purpose of protecting workers' rights and ensuring welfare. That regarding wage policies for workers in the form of minimum wages, wage components, protection of workers' rights and labor welfare.

Andreas Marfel Silaban; Beby Sendy

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

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.

Bishmo Tegar Woro Anjati Arya Wirarajasena

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Marriage certainly has legal consequences, and if the religion is different, various problems will certainly arise. These problems affect the relationship between husband and wife and their children if they have children. In terms of juridical legal regulations regarding interfaith marriages, formally and legally, have not been clearly and firmly regulated in Law No. 1 of 1974 concerning Marriage, Article 2 paragraph 1 of the Marriage Law only states that the validity of a marriage must be carried out according to the laws of each religion and its beliefs. Legal certainty in regulating interfaith marriages in Indonesia still does not have normative legal certainty in legal texts related to marriage. This has clearly given rise to multiple interpretations of the law on interfaith marriages, whereas the unity of meaning in the legal text in a Law is absolute, there should be no double meaning in the legal text or Law, because legal certainty refers to the implementation of clear, permanent, consistent and consequential laws whose implementation cannot be influenced by subjective circumstances.

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.

Abdul Hamid Safar; Lucky Dafira Nugroho

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

This study examines the legal aspects of land lease agreements for Madura grocery stalls based on Article 1548 of the Indonesian Civil Code. A normative juridical method is employed, focusing on statutory regulations and literature review. The primary focus is to identify essential elements in the lease agreement, such as the leased object, mutual consent, and payment obligations. The research also highlights breach of contract issues and emphasizes the importance of legal guarantees in lease relationships. Case studies and recent regulations support the findings, ultimately contributing to legal certainty in land lease practices within the MSME sector.

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.

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.

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.

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. 

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.

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.