Publication Search

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

This study aims to analyze the legal consequences arising from changes to personal data made by data subjects on the validity of collateral that has been used as security for credit, as well as to examine the forms of legal protection that may be granted to creditors. Changes to personal data such as identity, address, and the debtor’s legal status may lead to legal uncertainty regarding the validity of credit security agreements, particularly those involving Hak Tanggungan (mortgage rights). In this research, the author employs a normative juridical method using statutory and conceptual approaches. The findings of this study show that changes to personal data without notification or updates to the security documents have the potential to create administrative discrepancies and legal risks for creditors during the execution of the collateral. Legal protection for creditors needs to be strengthened through the regulation of the debtor’s obligation to report any changes in personal data, updates to the security certificates, and clear provisions outlined in the credit agreement. Accordingly, legal certainty between the creditor and the debtor can be maintained in line with the implementation of Law Number 27 of 2022 on Personal Data Protection.

In this thesis, the researcher intends to find out the Default in the case of Default in the Sale and Purchase of Land. In this case, the buyer feels disadvantaged by the Seller who has committed an act in the case of default. This study uses a Sale and Purchase Agreement between the Seller and the Buyer with the object of Residential Land. The seller in this case is in the position of Land Owner. (developer). And the buyer in this case is in the position of buyer in the sale and purchase of the land. This study uses a normative juridical method, namely research using a case approach accompanied by the Law. There are three forms of default, namely carrying out what has been agreed, but not as agreed and carrying out what has been agreed, but late in carrying out something that according to the agreement should not be carried out. So in the case of the case entering into one form of default, namely carrying out what has been agreed but not as agreed. The occurrence of a non-compliance with the agreement between the seller and the buyer, namely in the land sale and purchase agreement, in which the initial agreement stated the land area was 20,000M2. If the certificate is broken, the land area exceeds what was agreed upon, the buyer is obliged to pay Rp. 5,000,000 to the buyer.

This study analyzes the legal implications of the Merauke Food Estate Project on the principles of sustainable development and Indonesia's commitment to Net Zero Emission (NZE) from the viewpoint of international environmental law. Through a normative legal approach complemented by qualitative empirical analysis, this study reveals that the realization of this project has the possibility of violating national and international environmental principles, which include sustainable development, the precautionary principle, and the polluter pays principle, due to the mass deforestation that increases carbon emissions and the absence of the implementation of the Free, Prior, and Informed Consent (FPIC) mechanism for indigenous peoples. The findings indicate that the legal responsibility of the state and corporations in this project is not fully aligned with Indonesia's commitments under the Paris Agreement and the NZE target. Previously, and Informed Consent (FPIC/PADIATAPA) for indigenous peoples. The findings show that the legal responsibilities of the state and corporations in this project are not completely in line for Indonesia's commitments in the Paris Agreement and the 2060 NZE target, thus requiring policy reconstruction according to a rights-based strategy to ensure a balance between food security, ecological fairness, and a healthy environment.

This study aims to determine the process of rice field pawning in Bulutellue Village, District of Sinjai Regency while analyzing the causes of rice field pawning. The type of research used is a qualitative descriptive research method that observes by interacting with the main informants, namely pawners because they are the actors in the implementation of Rice Field Pawning and pawn recipients in Bulutellue Village. Data collection techniques used are observation, interviews, and documentation. The data obtained are then processed using data analysis techniques in the form of data reduction, data presentation and conclusion drawing. And also data validation using Member Check. The results of this study indicate that Rice Field Pawning in Bulutellue Village was initially a pawn in the form of a garden then over time changed into a rice field pawning and this has become a tradition. This rice field pawning process can also be used to cover up shame or siri' and this rice field pawning process has some that have verbal agreements and some also have written agreements. There is also one of the customary laws that still applies today and is used as a tradition by the people in Bulutellue Village. The factors causing the occurrence of rice field mortgages in Bulutellue Village are economic factors, for example those related to weddings and education.

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.

The principle of freedom of contract is a fundamental concept in civil law that provides parties with the autonomy to form, determine the content of, and implement an agreement. However, the development of information and communication technology has brought about the phenomenon of the digital economy, which has transformed patterns of contractual relationships, particularly through electronic contracts. The characteristics of digital contracts uniform, instantaneous, and generally expressed in standard clauses raise the question of the extent to which the principle of freedom of contract remains relevant. This article aims to analyze the concept of freedom of contract in civil law, its application in the digital economy, and to assess its relevance in addressing contemporary legal challenges. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the principle of freedom of contract continues to hold relevance, but its application cannot be understood in absolute terms. In the digital context, the principle requires reinterpretation by taking into account contractual justice and consumer protection.

Negotiation is a strategic communication process in which multiple parties work to reconcile differences and reach mutually beneficial agreements through the exchange of information, interests, and viewpoints. Although traditional theories emphasize analytical elements such as developing a BATNA, crafting offer–counteroffer strategies, and employing persuasive framing, recent research underscores the growing importance of interpersonal competencies in shaping negotiation success. Through a qualitative literature-based approach, this study explores how empathy, assertive communication, and emotional regulation influence negotiation outcomes, examines their relevance in digital negotiation environments, and proposes an integrated training framework for professionals and entrepreneurs. The findings reveal that empathy strengthens a negotiator’s ability to interpret emotional cues, identify underlying concerns, and build trust, thereby minimizing miscommunication. Assertive communication supports clear expression of interests and boundaries while maintaining respect, which enhances collaborative problem-solving. Emotional regulation promotes composure and cognitive flexibility, particularly in high-pressure interactions. In technology-mediated negotiations conducted via email, messaging platforms, or virtual meetings, these skills must be adapted due to limited physical cues and higher risk of misinterpretation, requiring explicit wording and intentional emotional management. The proposed model incorporates empathy training, assertive communication development, emotional regulation practices, and digital negotiation skills to cultivate adaptive and emotionally intelligent negotiators.

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.

This study aims to formulate an information technology development strategy for CV. Situsindo Prima using the VRIO (Value, Rarity, Imitability, Organization) and SWOT (Strengths, Weaknesses, Opportunities, Threats) approaches. CV. Situsindo Prima is a company engaged in Software Development and IT Consulting, focusing on providing technological solutions for both public and private sectors in Purwokerto, Indonesia. The research employs a qualitative descriptive approach by utilizing secondary data obtained from the company profile, literature reviews, and previous studies relevant to strategic information systems management. The results indicate that the company possesses several competitive advantages derived from its competent human resources, strong project reputation, and well-established relationships with public institutions. The VRIO analysis reveals that these resources have significant strategic value and potential for sustainable competitive advantage if supported by an effective organizational system. The SWOT analysis further identifies that internal strengths can be leveraged to capture external opportunities, such as the increasing demand for digital transformation and government support for technological innovation. The formulated strategies include developing a knowledge management system, implementing Service Level Agreements (SLA) for after-sales services, innovating products based on cloud computing and Internet of Things (IoT), and enhancing human resource capabilities through training and certification programs. In conclusion, this research successfully achieved its objectives by producing a comprehensive and applicable IT development strategy for CV. Situsindo Prima. The findings are expected to serve as a reference for strategic planning and strengthening competitive advantage within the digital transformation era.

This research explores how people use assertive speech acts in the comment section of a YouTube video titled “Democratic Candidates Debate: Education,” which was uploaded by ABC News. A qualitative method with content analysis is employed to examine how users share their thoughts, express agreement or disagreement, and participate in online discussions through assertive language. The data were collected from selected comments posted between 2019 and 2020, particularly those reacting to the candidates’ views on education. The analysis applies Searle’s speech act theory, focusing on seven types of assertive speech acts: claiming, stating, reporting, describing, informing, complaining, and concluding. A total of 24 assertive utterances were identified, with the following distribution: claiming (11), reporting (3), complaining (4), stating (2), informing (2), describing (1), and concluding (1). Among these, "claiming" appeared most frequently, indicating that many users shared strong opinions or support, especially for Andrew Yang’s stance on education. Overall, the findings suggest that YouTube serves not only as a platform for viewing content but also as a space where people actively engage in discussions, express their beliefs, and respond to public issues through language.  

Non-litigation legal assistance in land dispute resolution is carried out by the Ansor Legal Aid Institute (LBH Ansor). This assistance is crucial considering the complexity of land law and the high demand of the community, especially vulnerable groups, for access to fast, efficient, and low-cost conflict resolution. This research is driven by the low public understanding of non-litigation mechanisms and the challenges in realizing proportional access to justice. The main objective is to comprehensively document the assistance procedures and identify the applied advocacy model. This research method uses a normative legal approach with a statute approach and a conceptual approach. The results of this study describe that LBH Ansor plays a strategic role as a mediator and legal facilitator, which includes initial case assessment, preparation of a mediation framework, and assistance in negotiations between the disputing parties. The main findings show that LBH Ansor's non-litigation assistance practices have successfully increased the effectiveness of land dispute resolution by prioritizing the principles of restorative justice and peace agreements, while also providing a replicable model for increasing access to justice outside the courts.

This study aims to describe the role of Catholic religion teachers in instilling a multicultural spirit through Catholic Religious Education at SMP Katolik 2 W.R. Soepratman Barong Tongkok. The research was motivated by the urgent need to promote multicultural awareness in Catholic schools, especially in response to persistent issues of discrimination and exclusion among students. These challenges highlight the importance of Catholic religion teachers as character builders who foster inclusive and peaceful coexistence within a diverse school community. The research employed a descriptive qualitative approach using method triangulation. Data were collected through in-depth interviews with teachers and the principal, classroom observations, document analysis, and online questionnaires to students as supplementary data. Data analysis followed the Miles and Huberman model, involving data reduction, display, and conclusion drawing. The findings reveal that Catholic religion teachers go beyond teaching doctrinal content; they also act as educators, facilitators, mentors, and promoters of multicultural values. These roles are manifested in learning strategies such as Biblical reflections, group discussions, drama projects, and anti-discrimination classroom agreements. This study emphasizes that Catholic Religious Education plays a vital role in shaping students’ awareness and attitudes toward multiculturalism. Catholic religion teachers hold a strategic position in guiding students to become inclusive, open-minded individuals who are capable of living harmoniously in a pluralistic society.  

The process of signing on and off a seafarer's book for ship crew is a vital stage in the shipping world that requires thorough preparation and orderly implementation to ensure the safety and smooth operation of the ship. Signing on a seafarer's book involves recording and confirming the date and location of boarding the ship in the seafarer's book, which serves as official proof that the document holder has joined the ship's crew. Generally, this stage is accompanied by the preparation of a Seafarer's Employment Agreement (PKL) containing salary details and obtaining approval from the Harbor Master. Conversely, sign off is a procedure carried out when the work contract period in the PKL ends, or earlier for certain reasons such as late salary payments or discomfort in the work. The purpose of this study is to identify the obstacles that arise in the process of managing the sign-on/off of seafarer's crew books at PT. Baruna Mitra Segara Lines, Bandar Lampung. In compiling this paper, the author applies two approaches, namely the field observation method (field study) and the library study method. Both methods are used to gain a comprehensive understanding of the mechanism for managing the sign-on/off of seafarer's books, while also identifying the obstacles that arise so that the company can maximize the process. The research findings reveal that there are obstacles in the implementation of the sign-on/off of seafarer's books that are not fully in accordance with procedures. However, this process still has a positive and significant impact on the efficiency of the departure time of ship crews. This finding confirms that improving procedures and enforcing operational standards are key to improving the quality of document management services at PT. Baruna Mitra Segara Lines

One of the factors that determine the success of a character-based language learning process is the interaction between teachers and students. Polite language from students can show that they have the expected character, in addition to showing that teachers have helped students behave with polite language. Classes often do not meet expectations. Many students are still unable to pronounce good words. In the last two decades, there has been a significant decline in the implementation of polite language originating from Brebes Regency. Children believe that using impolite language is acceptable to their friends and following trends in their environment because of the abundance of impolite language in society. This causes people to use Indonesian less. The purpose of this study is to determine the politeness of Indonesian language students in interacting with teachers in grade IV SDN 1 Karangdempel. This study uses a qualitative research type. The approach used in this study is qualitative research with a descriptive approach. The location of this research is SDN 1 Karangdempel, Losari District, Brebes Regency, Central Java, Indonesia 52212. Based on research that has been done on the analysis of the form of politeness in Indonesian language in interacting with teachers in the learning process is polite. Because, in the implementation of the learning process can include several maxims including: Maxim of wisdom/wisdom, maxim of generosity, maxim of praise/appreciation, maxim of humility/simplicity, maxim of agreement/agreement, and maxim of sympathy. From several existing maxims it can be concluded that the maxim of humility/simplicity is the one most frequently found in the data of politeness in Indonesian language in class IV SDN 1 Karangdempel, Brebes Regency, because that maxim is the one that occurs most often in learning activities.

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

The execution of Mortgage Rights (Hak Tanggungan) represents legal certainty as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Execution of the collateral object can be carried out through private sale, parate execution, or based on an executorial title. This mechanism reflects good faith and trust between the creditor and debtor in a lending agreement. In line with Sharia principles, the murabahah financing contract also allows for collateral (rahn tasjily), granting the creditor the authority to execute the collateral object if the debtor defaults. This study aims to analyze the implementation of Mortgage Rights execution in Sharia financing, specifically under the murabahah contract. The method used is normative juridical research with a descriptive approach, employing statutory and case study analysis, and based on literature and relevant regulations. The results indicate that land rights can serve as collateral under Mortgage Rights in Sharia financing. This is confirmed in the Supreme Court Decision Number 179K/Pdt/2017, which serves as jurisprudential precedent for Decision Number 3/Yur/2018, where the collateral is executed through a Deed of Granting Mortgage Rights. The position of the creditor in a murabahah contract is equivalent to that in conventional financing, as confirmed in the DSN-MUI Fatwa, thus the creditor retains the right to execute even if the debtor defaults before the due date.