Publication Search

65,449 articles from 545 journals · 1,699 citations tracked

Showing 481-500 of 664

Analytics

Fashola khudin; Zilda Khilmatus Shokhikhah

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The author analyzes Sampang Regent Regulation Number 27 of 2021 concerning Guidelines for Candidacy, Election, Appointment, Inauguration, and Dismissal of Village Heads, focusing on ambiguity regarding the dismissal of Acting Village Heads. Currently, around 50 villages in Sampang Regency are led by Pj. Kades who are being evaluated, but the regulation does not contain clear provisions regarding their dismissal. This creates legal uncertainty and potential turmoil in society. The author uses a normative method with case studies based on primary and secondary legal materials, such as the relevant Regent Regulation. The results of the analysis show that the lack of clarity in the rules for the dismissal of the Acting Village Head poses a risk of abuse of power and politicization, especially because the evaluation results are not transparent. Therefore, it is necessary to revise the Regent Regulation to provide a clear legal basis for the dismissal of the Acting Village Head, in order to create legal certainty in the village government in Sampang Regency.

Cokorda Gede Budha Hary Baskara

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of e-commerce tax in Indonesia from the perspectives of law and enforcement effectiveness. Using a normative juridical approach, this research examines the legal norms outlined in legislation, including Law No. 11 of 2008 on Electronic Information and Transactions (as amended), Law No. 7 of 2014 on Trade, and Minister of Finance Regulation No. 210/PMK.010/2018. The findings indicate that e-commerce requires specific regulations due to its unique characteristics compared to conventional trade. These regulations aim to protect consumers and ensure tax compliance. However, challenges in implementing these regulations persist, particularly in supervision and law enforcement. Furthermore, the taxation aspect of e-commerce faces difficulties in reaching international businesses and avoiding tax evasion. Therefore, ongoing efforts from the government are necessary to strengthen regulations and law enforcement in addressing the dynamics of e-commerce development in Indonesia, to achieve legal certainty and optimal tax contributions from this sector.

Ajis Supangat

jurnal Riset Rumpun Agama dan Filsafat 2024 Pusat Riset dan Inovasi Nasional

This study examines the position of Islamic inheritance law within Indonesia’s pluralistic national legal system, where Islamic inheritance law exists alongside customary inheritance law and Western civil inheritance law. The focus of the study is on the implementation of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) as positive law in the settlement of inheritance cases for Muslims within the jurisdiction of the Religious Courts. Using a literature and documentation-based research approach, this study presents findings that, although KHI has become a normative guideline, its implementation in the field still faces various challenges, such as the public’s limited understanding of Islamic inheritance law, the strong influence of customary law, and the lack of administrative documents. Furthermore, the ununified legal pluralism results in different inheritance practices across regions. The findings indicate that judges in the Religious Courts tend to apply the provisions of the KHI consistently particularly Articles 171–214 while still taking into account local cultural contexts to maintain family harmony. This article recommends the importance of Islamic inheritance law education, strengthening the harmonization among legal systems, and encouraging the unification of national inheritance law to achieve legal certainty and justice comprehensively.  

Denisa Julita Pratiwi; Riska Andi Fitriono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study is motivated by the issue of criminalizing drug couriers, who in judicial practice are often equated with the main perpetrators, even though in reality they occupy a subordinate position in the drug distribution network. The lack of clarity in the differentiation of roles in Law No. 35 of 2009 on Narcotics has led to the application of criminal liability that tends to be formalistic and has the potential to disregard substantive justice. This study aims to analyze the form of criminal liability of Class I drug couriers and assess whether the Pekanbaru District Court Decision Number 119/Pid.Sus/2025/PN Pbr has reflected justice in the imposition of criminal penalties. The research method used is normative juridical with a legislative approach, case approach, and conceptual approach. The results of the study show that the criminal liability imposed on couriers in the verdict is direct as the main perpetrator, without considering the theory of the perpetrator's role, degree of fault, and the defendant's capacity to be held responsible. The judge emphasized the fulfillment of the elements of the act as formulated in Article 114 of Law Number 35 of 2009 concerning Narcotics, without adequate analysis of the mens rea and the factual contribution of the courier in the structure of the crime. Justice in this study is understood as substantive justice, which requires consistency between the punishment, role, and degree of fault of the perpetrator. Proportional punishment is interpreted as the imposition of sanctions that clearly distinguish between couriers as subordinate actors and the main actors who control the narcotics network. This study concludes that the criminal liability of narcotics couriers must be based on individualization of punishment and proportionality so that law enforcement not only fulfills legal certainty but also reflects substantive justice.  

Eben Heser Tarigan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.

Logo Igo Karmed; Karina Alifia Maharani; Moh Imam Mahmudin; Restu Teguh Imani; Tsabisa Zaskia Putri Maharani

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

This research is conducted with the aim of analyzing the impact of mixed marriages between Indonesian citizens and foreign nationals according to the provisions of regulations No. 1 of 1974 concerning Marriage and No. 12 of 2006 concerning the Citizenship of the Republic of Indonesia, from the perspective of International Private Law (IPL). Employing normative research methods, this study utilizes legal materials in its examination. The collection of materials involves literature studies.Based on the research, in marriages involving individuals with different citizenships, the applicable laws for them also differ. The Marriage Law does not explicitly regulate the legal consequences arising from mixed marriages. The provisions governing its legal consequences state that the status of children from mixed marriages is regulated according to the acquired citizenship, determining the applicable law.Through the above regulations, certainty is still provided in the protection for women marrying foreign nationals and the children resulting from mixed marriages.

Khalisha Erfira Septianita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The arrival of foreign investors in the development of the IKN must be followed by legal protection for foreign investors because it is very important to attract and retain investors who come. Legal protection provided to foreign investors consists of guarantees of legal certainty, guarantees of protection for foreign investors against non-commercial risks, guarantees of equal treatment for all investors and guarantees against nationalization and other takeover actions. The purpose of this study is to provide legal certainty for Foreign Direct Investment (FDI) in the government cooperation scheme with KPBU in the IKN. In conducting this research, the author uses a normative legal research method and is descriptive analytical in nature. The legal sources that form the basis of the KPBU scheme are regulated in Law No. 25 of 2007 concerning Investment, and Presidential Regulation No. 38 of 2015 which regulates KPBU in the provision of infrastructure. In addition, the government also provides support in the form of guarantees for investors, which aims to minimize the risks faced by the Implementing Business Entity (BUP) in infrastructure projects in the IKN. Projects such as Palapa Ring and SPAM Umbulan are real examples of the success of the KPBU scheme in the context of national infrastructure.

Iffatriansyah Soga; Weny Almoravid Dungga; Zamroni Abdussamad

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the implementation of Minister of Trade Regulation No. 51/m-dag/per/7/2015 concerning the prohibition on imports of used clothing in Indonesia and the legal implications for consumer protection based on legal certainty in Indonesia. This research was conducted using a type of normative legal research with two types of approaches, namely the Statutory Approach and the Conceptual Approach. Based on research results, the implementation of Minister of Trade Regulation Number 51/M-DAG/7/2015 of 2015 concerning the prohibition on the import of used clothing is only limited to providing guidance and supervision and does not make recommendations to stop the business activities of trading imported used clothing to law enforcement authorities. The facts that occur in Indonesia state that there is still a lot of imported used clothing being bought and sold in markets and thrift shops, meaning that the implementation of the trade minister's regulations has not been implemented optimally. Legal Implications of the Implementation of Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015 concerning the Prohibition of Importing Used Clothes for consumer protection based on legal certainty gives rise to vague norms and conflict of norms which results in the absence of legal certainty. This is because the trade minister's regulations cause multiple interpretations and conflict with the finance minister's regulation number 6/PMK.010/2022, so that the rights and obligations to protect consumers are not guaranteed through these regulations.

Donny Widianto; Zainal Arifin Hoesein

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

Fadhila Vidianti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State, as the supreme authority over land, water, and outer space, including the natural resources within, holds the highest level of power as an entity representing the entire population. This authority includes the regulation, utilization, use, and maintenance of these resources, as well as defining the legal relationships between individuals and these resources. The primary goal of this authority is to achieve the greatest welfare for the people and to promote justice, well-being, and freedom within a society based on the principles of an independent, sovereign, just, and prosperous Indonesian legal state. In the context of Indonesian agrarian law, land is considered a part of the earth's surface and is governed by Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). Land rights, such as Ownership Rights and Building Use Rights (HGB), play a crucial role in land management and use, including as collateral for credit. Mortgage Rights, regulated by Law No. 4 of 1996, provide security over land and related objects, with the right holder entitled to sell the property through public auction if the debtor fails to meet their obligations. The importance of land registration and ownership rights is regulated by Government Regulation No. 24 of 1997, which ensures legal certainty for land and property owners. Creditors, including banks, play a critical role in the economy by providing credit facilities, where collateral on land and buildings is a key aspect to ensure the security of repayment and the legal validity of transactions. The classification of creditors as separatis, preferen, and konkuren facilitates the execution of mortgage rights in the event of contract breaches, thereby providing the necessary legal protection for lenders.

Jaury Douglas Pardomuan; Irwan Triadi

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.

Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human rights are inherent in every human being who has the same rights, including unilateral termination of an agreement, then these human rights are disturbed and not protected. The research method uses normative legal research, namely the doctrinal method, namely inventorying positive law, finding legal principles and doctrines, synchronizing existing laws and regulations and conducting research by reviewing and examining various existing literature. With the Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The results of the study indicate that unilateral termination of an agreement has the potential to be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and law, and causes losses to other parties. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to legal certainty and human freedom without discrimination.

Meriyanti Mayesti Bauky; Saryono Yohanes; Hernimus Ratu Udju

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the regulation of good governance principles in the Kupang City One-Stop Integrated Service and One-Stop Integrated Service reviewed from Law No. 25 of 2009 concerning Public Services. This type of research is normative legal research, namely legal research conducted by researching literature materials or secondary data, in this case laws and regulations, books and legal journals. The results presented in this study are (1) Regulation of Good Governance Principles where there are five functions carried out by the Kupang City Investment and One-Stop Integrated Services Office (2) Good Governance Principles in Ensuring Legal Certainty and Justice where there are 6 foundations or Governance Principles enforced in the Kupang City Investment and One-Stop Integrated Services Office (3)  Implications of the Principle of Good Governance in Public Services where the motto of the Kupang City Investment and One-Stop Integrated Service Office (DPMPTSP) in carrying out licensing service activities is "CEPAT" with explanations, namely meticulous, efficient, professional, accountable and transparent.

Iyo Iko Rasaki; Yasmirah Mandasari Saragih; Marice Simarmata

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health services aim to maintain and improve the quality of health, as well as prevent and treat diseases in the community.This study aiming to analyze the legal certainty for health workers in health services, using the normative legal method. The data source comes from a literature review. The results of this study indicate that Law Number 17 of 2023 regarding Health brings significant changes to the legal certainty for health workers in Indonesia in terms of health services. Previously, legal certainty for health workers was spread across various separate laws. However, with the enactment of Law Number 17 of 2023, this legal protection has become more integrated and comprehensive. Updates regarding the protection of health workers include increasing the rights of health workers, including affirmation of compliance with professional standards and ethics. There are improvements in rights, salary, performance allowances, health insurance, and opportunities for self development. This protection is strengthened by giving health workers the authority to stop services if there is a violation of ethics. It is necessary to strengthen operational procedures and work standards that can be a reference for health workers in carrying out their duties, thereby reduce the risk of negligence that can result in criminal sanctions and additional regulations are also needed to ensure a fair legal mechanism for health workers in facing accusations of negligence, by considering ethics and professional aspects in their work.

Rudini Hasyim Rado; Aldisa Arifudin; Restu Monika Nia Betaubun; Muhammad Saiful Fahmi; Eki Tolanda

Indonesia Bergerak : Jurnal Hasil Kegiatan Pengabdian Masyarakat 2024 Asosiasi Riset Ilmu Teknik Indonesia

The Indigenous Papuan People (OAP) in Matara village still have several couples who only marry based on customary law so that they do not have legal certainty in the aspect of marriage as evidenced by a marriage certificate. The purpose of this service is not only to provide assistance and legal counselling on the importance of marriage registration but also to realise the orderly administration of population in Matara village through marriage through church marriage and civil registration. The implementation method is carried out in various stages, including starting from data collection, counselling and procedures for implementing marriage. The results of the service are 6 (six) couples who have performed traditional marriages but have not been recorded in the civil registry because religious marriages have not been held and recorded under state law

Felen Felen; Nabila Fitria Almadea

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

Yanto Hasyim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

Syatria Novyardi Rialdo

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this research is to examine the legal certainty of deeds of sharing joint rights due to divorce related to blocked land title certificates. The type of research that will be used is normative. The research approach is carried out using the statutory approach, case approach, conceptual approach and analytical approach. Sources of legal materials used in normative legal research consist of primary, secondary and tertiary legal materials. Data analysis techniques by collecting legal materials and other sources of legal materials that are relevant to the legal issues being studied. Analysis of legal materials carried out in this research is legal interpretation (interpretation) and legal construction methods, namely grammatical interpretation, systematic interpretation. Legal certainty regarding the Deed of Sharing of Joint Rights regarding divorce is based on the Civil Code, the Marriage Law and legal regulations regarding land so that the process of transferring land rights can be carried out.

Indri Syahfitri; Iwan Erar Joesoef; Muthia Sakti

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research analyzes the impact of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020 on the execution of personal guarantees (borgtocht) in bankruptcy proceedings. This decision is significant as it has the potential to alter the practice of borgtocht execution and affect legal certainty for both creditors and debtors. The research employs a normative method with a statutory approach and case studies. Legal sources include legislation, legal literature, and relevant court decisions. The findings indicate that the Supreme Court decision provides clarity regarding the position of borgtocht in bankruptcy, yet also raises some legal uncertainties. This research offers recommendations for legal improvements regarding borgtocht execution to ensure legal certainty and fairness for all parties involved..    

Maygi Angga Siswantoro; Sri Astutik; Subekti Subekti

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In various business relationships, activities in banking, land, social activities, etc., the need for written evidence in the form of authentic deeds is increasing in line with the growing demand for legal certainty in various economic and social relationships, both at the national, regional and regional levels. and globally. Through an authentic deed that clearly determines rights and obligations, guarantees legal certainty, and at the same time it is hoped that disputes can be avoided. Even though these disputes cannot be avoided, in the process of resolving disputes, authentic deeds which are the strongest and most complete written evidence make a real contribution to resolving cases cheaply and quickly. The objectives to be achieved in the research are:To find out the qualifications of unlawful acts for the actions of a Notary who has handed over a land certificate for the object of sale and purchase without the agreement of the parties. And to find out that the Notary who submitted the Deed of Sale and Purchase without an agreement violated the notary's oath of office.Notaries have an obligation to act in a trustworthy, honest, thorough, independent, impartial manner and safeguard the interests of parties involved in carrying out legal actions. In accordance with the provisions of Article 85 UUJN, the sanctions that can be imposed on a Notary are verbal warning, written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal. Committing other acts which are generally referred to as violations of the Notary's Code of Ethics