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Aslihatin Zuliana; Iwan Erar Joesoef; Suherman Suherman

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

This study examines the legal validity of direct appointment construction consultancy contracts between state-owned enterprises and their subsidiaries following the implementation of Indonesia's Job Creation Law. The research addresses critical questions regarding the formal legal mechanisms governing long-term unit-price framework agreements and their continued enforceability under amended procurement regulations. Employing a normative-jurisprudential methodology, the study systematically analyzes primary legal sources, including statutory provisions, government regulations, and corporate governance frameworks, alongside secondary legal materials and doctrinal commentaries. The analysis reveals that pre-Omnibus Law direct appointments complied with civil law contract validity requirements and sector-specific procurement regulations under Law No. 2/2017. Transitional provisions and the non-retroactivity principle preserved the enforceability of framework agreements executed prior to the Job Creation Law's enactment, while administrative amendments extending contract terms remained lawful under existing civil code provisions. The study demonstrates that direct appointment mechanisms achieve legal justification through constitutional mandates and legislative hierarchy, while providing utilitarian benefits through enhanced procurement efficiency and deployment of specialized technical expertise. The findings contribute to scholarly discourse on state-owned enterprise governance by elucidating how omnibus legislative reforms interact with contract doctrine and corporate governance norms, emphasizing the critical importance of robust conflict-of-interest safeguards in preventing procedural formalism from overshadowing substantive public interest outcomes.

Abdullah Putra Nogo Mbele; Siti Ramlah Usman; Helsina Fransiska Pello

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The purpose of this study is to determine the factors that cause business actors (kiosks) to reject coins as a means of payment in sale and purchase transactions at Oeba Traditional Market, Fatubesi Urban Village, Kota Lama Subdistrict, Kupang City and the legal consequences of such rejection in terms of Law Number 7 of 2011 concerning Currency. The benefits of this research are to provide information and knowledge that enriches the study of law and as a consideration or input for the government and information for the community. This research is a type of empirical legal research. The results of this study show: (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00 as a means of payment in sale and purchase  transactions are community perception factors, refund factors, and practicality factors. (2) The legal consequences of this rejection in terms of Law Number 7 of 2011 concerning Currency are that the sale and purchase agreement can be cancelled because there is no agreement between the parties and the business actor (kiosk) can be punished. The conclusions of this study are (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00, namely the public perception factor, the refund factor, and the practicality factor. (2) The legal consequences of the rejection are that the sale and purchase agreement can be cancelled and the business actor (kiosk) can be punished. Suggestions from the author are, for the government, it is expected to be more aggressive in conducting socialisation about money and for business actors (kiosks) and the public are expected to treat money properly.

Dwi Rizky Cahyani; Rahman Rahman; Ega Apridian; Arian Syahri; Dwi Rizka Zulkia

Konstruksi: Publikasi Ilmu Teknik, Perencanaan Tata Ruang dan Teknik Sipil 2025 Asosiasi Riset Ilmu Teknik Indonesia

This study aims to analyze the multi-stakeholder perspectives on the development of the Pelawan Forest Biodiversity Park (Taman Kehati Hutan Pelawan) through the healing forest concept as an innovation in sustainable tourism in Central Bangka Regency, Indonesia. A mixed-method approach was employed, combining interviews, observations, and questionnaires involving 45 respondents from local government, tourism managers, communities, and visitors. The findings indicate a high level of understanding and support toward the healing forest concept, with Likert scale scores ranging from 4.1 to 4.4, reflecting strong agreement on the integration of conservation-based and mental-wellness tourism. Environmental comfort and tourist interest in the healing concept emerged as the main factors promoting the site’s development potential. Stakeholder perspectives reveal aligned objectives among the government, community, and tourism actors to establish Pelawan Forest as an environmentally friendly quality tourism destination. This research emphasizes the importance of multi-stakeholder collaboration and sustainable governance to ensure tourism development that provides economic benefits while maintaining ecological balance and enhancing visitors’ mental and physical well-being.

Suhaimi Suhaimi; Sapto Wahyono; Mohammad Fahrur Rozi

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

The agricultural sector plays a crucial role in supporting the livelihoods and economic stability of Indonesian society, particularly within the Pademawu community. Indonesia’s vast agrarian landscape and strong reliance on agriculture have shaped various local traditions and cooperative systems among farmers. One such system is the muzara’ah agreement, a form of agricultural profit-sharing partnership between landowners and cultivators. This research focuses on the implementation of the Paron La’as agreement, a traditional form of muzara’ah practiced by the Pademawu community, which reflects both economic cooperation and Islamic legal principles. The study employs a qualitative approach using a field research design to collect descriptive data through interviews, observation, and documentation. The findings reveal that the Paron La’as system is conducted in accordance with the principles of Islamic law governing muzara’ah contracts, particularly in terms of fairness, mutual consent, and proportional profit distribution between landowners and farmers. Moreover, the study highlights how this cooperative practice not only strengthens economic ties within the community but also preserves local wisdom and social harmony. Therefore, the Paron La’as model demonstrates an effective integration of Islamic economic values with traditional agricultural systems, serving as a sustainable example of community-based agricultural cooperation in Indonesia.

Najwa Deisya Mayla; Fristia Berdian Tamza; Diah Gustiniati Maulani; Dona Raisa Monica; Refi Meidiantama

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the relevance of applying restorative justice in resolving counterfeiting cases committed by children, by examining the normative, juridical, and practical aspects within Indonesia’s juvenile criminal justice system. The background of this study arises from the dilemma between protecting the rights of children as offenders and the state’s obligation to maintain economic stability and public trust in the national currency. The research method employed is juridical-descriptive with a normative approach,. The implementation of restorative justice can still safeguard public interests, provided it involves relevant institutions such as Bank Indonesia and produces measurable recovery agreements. Thus, restorative justice serves as an alternative approach that balances child protection and legal certainty, while also contributing to the prevention of counterfeit money circulation in society.

Fresil Nurassyafa Almayunda; Hardian Iskandar; Dodi Jaya Wardana

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Memorandum of Understanding (MoU) is a preliminary agreement in contracts established under the Common Law system, and this research is based on the increasing phenomenon of using MoUs as an initial form of agreement in various fields, including the organization of beauty pageants; however, in practice, there remains ambiguity regarding the extent to which an MoU has binding legal force, particularly when one party commits a breach of contract or when disputes arise, thus this study formulates two main issues, namely the legal status of the parties involved in the MoU of the Miss Beauty East Java 2022 pageant agreement and the legal consequences of the non-performance of such MoU, employing a normative juridical method through statute, conceptual, and case approaches to analyze the practice of MoUs in Miss Beauty East Java 2022, and the findings indicate that although MoUs are not explicitly regulated in the Indonesian Civil Code, they may be considered preliminary agreements subject to the principle of freedom of contract under Article 1338 of the Civil Code, with the legal status of the parties being binding as long as the MoU fulfills the essential elements of a valid contract (agreement, legal capacity, specific object, and lawful cause), while the legal consequences of non performance may give rise to legal liability resolved through non-litigation efforts such as mediation or arbitration, or ultimately through litigation if amicable settlement fails, leading to the conclusion that the MoU in the Miss Beauty East Java 2022 pageant possesses binding legal force as a preliminary agreement rather than merely a moral commitment, provided that it is clearly drafted and meets the validity requirements of a contract under Indonesian law.

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.

Sabina Rezqita Dwi Cahya; Deviana Yuanitasari; Pupung Faisal

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

value of the bankruptcy estate (boedel pailit) through the going concern principle. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) allows curators to continue the debtor’s business, particularly under Article 179 paragraph (1). However, the absence of clear normative parameters creates legal uncertainty and inconsistent practices. This study analyzes the application of the going concern principle in the settlement of bankruptcy estates following the annulment of homologated composition agreements and examines the urgency of technical implementing regulations. Using a normative juridical method supported by statutory analysis, court decisions, legal doctrines, and interviews, the research focuses on the cases of PT Sri Rejeki Isman Tbk. (Sritex) and PT Texmaco Perkasa Engineering Tbk. The findings reveal that going concern implementation depends not only on legal provisions but also on non-legal factors, such as transparency, asset control, capital availability, management credibility, and creditor support. Texmaco’s case shows approval when these conditions are met, while Sritex demonstrates rejection due to lack of transparency and unlawful activities. The study underscores the need for a Supreme Court Regulation (PERMA) that establishes eligibility parameters, approval mechanisms, reporting obligations, and curator protection to ensure consistency, legal certainty, creditor protection, and greater economic benefits in Indonesian bankruptcy practice.

Rashida Mutia; Syarifur Ridho; Taruna Ginting

Jurnal Transformasi Bisnis Digital 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

PT. Pelayaran Dwi Putra Laksana Batam operates in the sector of ship security services and shipping management (shipping agency), providing support for both domestic and international voyages. Its services include handling vessel arrival and departure permits, processing entry and exit permits for foreign crew members, renewing ship and crew certificates, and managing administrative procedures for seafarers’ sign-on and sign-off documentation. The document management process begins when crew members either sign a Sea Work Agreement (PKL) for employment on Indonesian-flagged ships or enter into a work agreement for service on foreign-flagged vessels. This paper employs field observation and literature review methods to present a comprehensive description of the document processing mechanisms at PT. Pelayaran Dwi Putra Laksana Batam based on operational requirements. The discussion focuses on outlining the workflow of seafarer book sign-on procedures, starting from the shipowner’s notification regarding scheduled crew changes to final administrative completion at the Batam Special KSOP Office. The sign-on document not only verifies the crew member’s official assignment but also functions as a record of their maritime service history. Common challenges include delays in information submission from shipowners, which can prevent timely sign-on and subsequently hinder vessel clearance. Therefore, strong coordination between shipping companies and regulatory agencies is essential to ensure effective fulfillment of responsibilities in managing crew documentation.

Igvan Nagif Syahyudin; Moh. Rusdiyanto U. Puluhulawa; Avelia Rahmah Y. Mantali

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

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

Dharmasanti Rawidya Putri; Sigit Wibowo

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.

Endan Hamdan Ridwan; Alfa Rohmatin; Imas Masitoh; Ahmad Sofiyulloh; Thia Aulia +1 more

Jurnal Pengabdian Sosial dan Kemanusiaan 2025 Lembaga Pengembangan Kinerja Dosen

Bullying remains a serious issue in the education sector, particularly at the junior high school level. The lack of students’ understanding regarding forms of bullying often leads to behaviors considered jokes, such as calling peers by their parents’ names, which can cause psychological harm. This community service program aimed to raise awareness among students of SMP Negeri 6 Pagelaran about the dangers of bullying and to build a collective commitment to its prevention. The method employed was Asset-Based Community Development (ABCD) through four stages: Discovery, Dream, Design, and Destiny. The results revealed that students developed a better understanding of the definitions, forms, and impacts of bullying. Active participation through discussions, games, and reflections encouraged students to design simple preventive strategies and establish class-wide agreements. The collective commitment generated by this program demonstrated that interactive educational approaches are effective in fostering awareness, empathy, and shared responsibility to create a safe, inclusive, and bullying-free school environment.

Muhammad Toha; Ika Rustika Zainah; Alfa Rohmatin; Sri Zulfa Laeliyah Bilqis Tadzkir Putri; Denda Juanda +2 more

Jurnal Pengabdian kepada Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Village history is an important identity that needs to be preserved to prevent it from being lost over time. Pangadegan Village in Pagelaran District, South Cianjur, has a historical legacy that has not been scientifically documented and is at risk of being forgotten by the younger generation. This community service activity aims to explore and document the local history of Pangadegan Village by involving active community participation as a form of empowerment. The approach used is the Asset-Based Community Development method, which focuses on exploring historical assets and local potential through the stages of identification, deliberation, design, agreement, and sustainable development. The activity was implemented through in-depth interviews with village elders, observations of historical sites, focus group discussions, and documentation training for youth. The results of the activity indicate increased community awareness of the importance of village history, the establishment of an initiative to form a village archives team, and the creation of documentation products in the form of small books and digital publications. This activity also opens up opportunities for the development of history-based cultural and educational tourism as a form of sustainability. Thus, this community service activity confirms that preserving local history through an asset-based approach can strengthen identity, empower communities, and provide sustainable social, cultural, and economic benefits.

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.

Nisrina Hanun; Elisatris Gultom; Nun Harieti

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

A partnership agreement is a form of business collaboration, either directly or indirectly, that is established based on the principles of mutual need, mutual trust, mutual reinforcement, and mutual benefit. Such partnerships generally involve Micro, Small, and Medium Enterprises (MSMEs) working with larger businesses in order to create a fairer and more sustainable business relationship. However, in practice, the implementation of partnership agreements often does not reflect these fundamental principles. This is also evident in the nucleus-plasma scheme within the palm oil plantation sector, where the relationship between the nucleus companies and plasma farmers tends to show an imbalance of bargaining power. This study aims to examine the application of partnership principles in the implementation of nucleus-plasma agreements in palm oil plantations, viewed from the perspective of prevailing legislation, particularly the Law on Micro, Small, and Medium Enterprises (MSME Law). The findings indicate that the application of partnership principles has not yet been fully implemented consistently. The partnership relationship remains unequal and is largely dominated by the nucleus companies, creating a sense of injustice for plasma farmers. In terms of supervision, the Indonesian Business Competition Supervisory Commission (KPPU) plays a crucial role in ensuring that partnership agreements are carried out in line with these principles. One of the measures taken is monitoring the implementation of behavioral change commitments by business actors. KPPU ensures that nucleus companies do not abuse their dominant position and continue to provide fair opportunities for plasma farmers. Therefore, this study highlights the importance of strengthening oversight and enforcing regulations so that the objectives of nucleus-plasma partnerships in palm oil plantations can truly be realized in accordance with the principles mandated by law.

Adil Alfarizi Nst; Imsar Imsar

Jurnal Ilmiah Ekonomi, Akuntansi, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study employs a qualitative library research method with the aim of analyzing fiqh muamalah in the practice of online buying and selling transactions from the perspective of Islamic law and sharia. The development of digital technology has given rise to various new models of transactions that require Islamic law to remain adaptive and relevant. Online trade is one form of contemporary muamalah that raises several issues, such as the validity of contracts, price transparency, clarity of goods, and the potential for fraud. In fiqh muamalah, the validity of a sale and purchase contract is determined by the fulfillment of its pillars and conditions, namely the presence of contracting parties, a clearly defined object of transaction, and a legitimate agreement. The findings indicate that online buying and selling transactions are valid as long as they comply with sharia principles such as justice, transparency of information, clarity of goods, and the absence of gharar (uncertainty), maysir (gambling), or riba (usury). Thus, Islamic law does not reject technological innovation as long as the substance of the contract remains in line with sharia. This research emphasizes that fiqh muamalah is capable of providing practical and relevant solutions in addressing the challenges of the modern digital economy.  

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.

Rahmad Tullah; Purwanto Purwanto; Setiyo Utomo

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is directed to answer two main problems: the form of liability imposed on parking service providers toward consumers, and how the Supreme Court decision reflects (or diverges from) legal justice and proportionality. The study aims to examine the legal liability approach adopted in the Supreme Court Decision Number 2157/K/Pdt/2010 and to formulate an ideal concept of a fair and proportional limitation of liability for parking service operators. In the aforementioned decision, the Supreme Court held the parking operator liable for the loss of a consumer’s vehicle, even though a disclaimer clause had been clearly printed on the parking ticket. This ruling raised controversy, as it seemed to overlook the fact that the operator had fulfilled their duties to a reasonable and professional standard. The substance of parking as an object of regional tax was disregarded in the judicial consideration, which focused solely on consumer protection law. This has led to an interpretation that imposes an almost unlimited liability on the service provider. This study employs doctrinal legal research, supported by conceptual approaches in parking regulation and legal case analysis. The method used is normative legal research (doctrinal) with statutory, conceptual (regarding lease and deposit agreements), and judicial approaches. The findings indicate that parking service providers should not be subjected to absolute liability. Instead, the assessment of liability must take into account the principles of justice, proportionality, and contributory negligence. Hence, there is a need for a clear formulation of liability limitations that not only safeguard consumer rights but also consider the reasonable obligations of business actors, particularly within the context of regional tax regulations related to parking.

Anggun Rahma Dewi; Ahmad Irzal Fardiansyah; Fristia Bardian Tamza

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.

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.