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Nani Arianti; Mispansyah Mispansyah; Suprapto Suprapto

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corporate corruption poses a significant threat to economic stability and public trust. Traditional punitive sanctions, such as substantial fines or dissolution, often fail to achieve restorative justice and can lead to unintended consequences, including harm to innocent employees and stakeholders. This paper explores the imperative of developing alternative sanctions for corporations implicated in corruption cases, with a central focus on establishing a framework grounded in fairness. Through a normative juridical research method employing statutory, comparative, and conceptual approaches, this study analyzes the limitations of the current punitive paradigm. It examines various alternative sanctions, including Deferred Prosecution Agreements (DPAs), Non-Prosecution Agreements (NPAs), corporate monitorship, and mandatory compliance program overhauls. The findings indicate that these alternatives offer a more flexible and effective mechanism for balancing accountability with corporate rehabilitation. They create opportunities to incentivize self-reporting, cooperation, and genuine internal reform. This paper concludes that by integrating principles of proportionality, restorative justice, and forward-looking prevention into the legal framework, a fairer and more effective corporate sanctioning system can be developed. Such a system would not only penalize misconduct but also foster a culture of corporate integrity and contribute more effectively to the broader fight against corruption.

Septi Yuliana; Pondra Muliawan; Ahmad Sodik

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to describe the implementation of discipline values and the obstacles faced at MI Darul Hikmah Agung Jaya. Using a descriptive qualitative approach, data were collected from teachers, students, and parents through interviews, observations, and documentation, then analyzed through data reduction, display, and conclusion drawing. Data validity was ensured by triangulation of techniques and sources. The findings show that teachers instill discipline values through two main techniques. First, external control, in which teachers give warnings, threats, or punishment to undisciplined students and provide rewards or praise to those who obey the rules. For example, students who consistently complete homework may receive additional grades or verbal appreciation. Second, teachers also become role models, demonstrating punctuality, neat appearance, polite language, and respectful attitudes, thereby fostering discipline by example. Furthermore, teachers apply cooperative control, emphasizing collaboration and agreements between teachers and students. This approach promotes tolerance, respect, and responsibility by involving students in creating and maintaining classroom rules. However, some obstacles were identified. Teachers were sometimes less assertive in enforcing discipline, and limited variation in teaching methods led to student boredom. In addition, inadequate attention, motivation, and parental support negatively influenced students’ discipline, resulting in lateness, incomplete assignments, and other undisciplined behaviors.

Dian Anggi Rahayu; Elisabet Nauli Pane; Farchanza Haykanna Pireno; Samirah Novel; Widya Tri Lestari +1 more

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

An agreement is when a person commits to another person to do something or when both parties commit to carry out something. However, in practice, there are often cases of default, where there are parties who do not fulfill their obligations in accordance with the contents of the agreement, as happened in the case of a kiosk sale and purchase agreement in Kupang District Court Decision Number 132.18/PDT.G/2016/PN.KPG. This article aims to analyze the occurrence of default in the kiosk sale and purchase agreement and analyze the judge's decision in resolving the default with the principles of justice. This article adopts a qualitative approach by using the normative juridical method and conducting a literature study. The results of this research analysis explain that the judge's decision in this case has fulfilled the necessary conditions. The Defendant has been found in default by the Panel of Judges and is entitled to pay the remaining money according to the agreement letter. The principles of legal certainty and justice have also been applied properly by considering all evidence and witness testimony before making a decision.

Vania Aurellia Barek Hoda; H. Amir Djonu; Nur Chotimah

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This research aims to know the Role of Teachers in Addressing Bullying Behavior in Fourth Grade Students of XXV Wailiti Maumere Elementary School. The method used is a qualitative approach with data collection through interviews, observations, and documentation. The data sources in this study are primary and secondary data. The primary data obtained from the fourth-grade students and teachers of XXV Wailiti Maumere Elementary School, while the secondary data is collected from archives or school data and books and journals that support this research. Data analysis in this study was conducted before entering the field, during the fieldwork, and after completing the fieldwork. The activities in data analysis include data reduction, data presentation, and conclusion drawing. The research results show that the role of the teacher in addressing bullying behavior among fourth-grade students at XXV Wailiti Maumere Elementary School is that when there are problems, the class teacher calls the involved students, those who have issues are called one by one, the problems that occur are investigated, the issue is clarified first, the teacher identifies the problems that occur, the student who made the mistake is called and confronted, the student involved in the issue is asked one by one "Did you do it or not?", both parties are reconciled, an agreement is made so that the behavior is not repeated, and if it cannot be resolved, then the parents are called or the matter is handed over to the principal or his deputy.

A. Junaedi Karso

International Journal of Social Sciences and Communication 2025 International Forum of Researchers and Lecturers

The deployment of TNI soldiers has sparked controversy due to concerns over the strengthening of militarism in civilian institutions. This action has raised alarm among various human rights groups and political analysts who argue that it undermines the democratic principles of civilian control over military forces. The Attorney General's Office (AGO), the TNI, and the Chief of Police have publicly addressed the issue, especially the deployment of TNI soldiers to guard the AGO Complex, as well as the High Prosecutors' Offices (Kejati) and District Prosecutors' Offices (Kejari) across Indonesia. The order for this deployment was issued in the TNI Commander’s Telegram Number TR/442/2025 on May 6, 2025. This order is part of a broader effort to increase security at critical state institutions, especially in light of recent security threats. The deployment of soldiers is part of a follow-up to the cooperation agreement between the TNI and the AGO, which was formalized in the Memorandum of Understanding NK/6/IV/2023/TNI dated April 6, 2023. The agreement outlines eight points of cooperation, which include: (1) Education and training for TNI personnel in law enforcement procedures; (2) Exchange of information for law enforcement purposes, ensuring better collaboration between the military and civilian law enforcement agencies; (3) The assignment of TNI soldiers to assist in guarding AGO facilities and other law enforcement offices; and (4) Other security-related assistance, such as providing military expertise to ensure the integrity and safety of AGO operations. While the cooperation between the TNI and AGO is framed as an effort to enhance security and operational efficiency, critics argue that this deployment could lead to the militarization of civilian functions, potentially causing conflicts of interest and compromising the impartiality of the judicial system.

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

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

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Riyadh Raihan Dhawy Fayiz; Fadly Madani; Ary Syafei Ar Rashid

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Public-Private Partnership (PPP) scheme with guarantees from PT PII aims to accelerate infrastructure development through private participation, but faces legal and practical challenges, particularly related to the risk of default by the Government and Construction Service Provider (GCA) and the effectiveness of the implementation of recourse rights by PT PII towards government institutions. This study uses a normative juridical method with an analytical descriptive approach through a literature study of primary and secondary legal materials, as well as a qualitative analysis of legal documents, to understand in depth the application of recourse rights to GCA in the PPP mechanism. The application of recourse rights by PT PII as a PPP project guarantor is based on a special legal framework and complex contractual agreements to protect investors from the risk of default by the GCA. However, its implementation has the potential to face legal, political, bureaucratic, and fiscal challenges that can affect the effectiveness of protection and the fiscal sustainability of PT PII. PT PII's recourse rights in the PPP scheme are an adaptation of the borgtocht concept applied lex specialis through the PPP agreement, guarantees, and recourse to protect state finances. However, its implementation faces bureaucratic, budgetary, and fiscal constraints that can hamper its effectiveness. Therefore, binding guidelines and increased institutional capacity are needed to ensure that regress rights can be exercised effectively, accountably, and in accordance with the principles of transparency and accountability. This study concludes that to increase the effectiveness of the PPP scheme, improvements in the legal framework, inter-agency coordination, and strengthening the capacity of institutions involved in implementing regress rights are needed.

Ansar Fajar Pratama; Ivan Zairani Lisi; Insan Tajali Nur

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

Meirza Ayu Humairoh; Hilda Hilda

Jurnal Riset dan Publikasi Ilmu Ekonomi 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The use of credit by the public is generally driven by the need and desire to meet certain requirements that cannot be fulfilled with cash. Credit makes it easier for people to meet their various needs, especially for those who do not have enough funds at the time. However, in practice, there are often obstacles such as payment delays, breaches of agreed-upon deadlines, and discrepancies in the recording of installment payments. These issues can create problems for both the creditor and the debtor. This study aims to examine the use of the credit concept by the community and analyze how credit helps fulfill the needs of the community. The study uses a qualitative method with a descriptive research approach. Data collection was done through observation, interviews, and document gathering. The collected data were then analyzed by presenting the data and drawing conclusions. The results of the study show that the use of the credit concept by the community in Rantau Panjang Estate to meet their needs has fulfilled the conditions of a muamalah agreement in accordance with the principles of buying and selling. First, the people involved in the transaction, namely the seller and the buyer, must meet the requirements of being rational, consenting freely, and agreeing mutually. Second, the agreement between the seller and the buyer must include the price and the payment period that both parties have agreed upon. Third, the object or goods being sold must have utility and be clearly defined in terms of its nature, size, and type. Fourth, the price must be clear, with the credit price being higher than the cash price. Additionally, the use of credit by the community in Rantau Panjang Estate has also applied the principles of the Islamic market mechanism, such as Ar-Ridha (mutual consent), healthy competition, honesty, transparency, and justice. This indicates that the credit transactions conducted are in accordance with the rules of Islam and can serve as a fair model for all parties involved.

Harisman Harisman; Mashudi Hariyanto; Musaddad Al Basry

Jurnal Bisnis, Ekonomi Syariah, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

A shophouse rental in Sungai Rengas Village is suspected of being subject to fraud, one of which is related to unilateral price changes. The price determined at the beginning of the agreement was changed midway by the shophouse owner. The tenant who rented the additional shophouse as a game room suddenly experienced a unilateral price change. The price that had been determined at the beginning of the agreement, which was to be available once a month and the amount was determined at the beginning, but suddenly the shophouse owner changed it. The party renting the additional shophouse as a game room was ordered to pay all electricity to the tenant, which was initially covered by the shophouse owner. However, midway through the agreement, the electricity payment suddenly changed, all payments were borne by the party renting the additional shophouse as a game room, and the electricity payment had to be allowed once a week. The type of research in this study is empirical, which in other words is a type of sociological legal research and can also be called field research, namely studying the applicable legal provisions and what happens in reality in society. Based on the research results that the price changes that occurred to the tenant who added a field for the game area are not in accordance with Islamic law, because it violates one of the valid conditions of ijarah and is also not in accordance with the legal basis for determining prices. According to Islamic law, ijarah is a binding contract (al-'aqd aL-biasa), is a contract where if all the pillars and conditions have been fulfilled, then the contract is fully binding and each party cannot cancel it without the consent of the other party, the same as the rental contract and debt, both parties have agreed and have fulfilled the pillars and conditions of the ijarah contract immediately both are bound to each other. As in the case of not returning the rent, the market party.

Mohammad Adzan

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The contractual relationship between government entities (PA/KPA/PPK) and construction service providers in procurement activities is complex, as it intersects with both public and private law. Government procurement contracts for construction projects are often structured through a tender process, where service providers must compete to win the contract. Once the provider is selected, a legal agreement is formed, which regulates the roles, responsibilities, and obligations of the parties involved. This agreement is typically outlined in a contract document that serves as a formal, legally binding commitment. In civil law, such contracts are typically governed by private law principles, which include contracts, obligations, and liabilities. However, the nature of government procurement contracts adds a unique element of public law, particularly administrative and criminal law. The government’s involvement in these contracts introduces a dual legal framework that governs the relationship between the parties. On one hand, the contract is influenced by the state’s regulatory powers and administrative authority, ensuring compliance with legal standards and public interests. On the other hand, it is also subject to private law principles, as the government enters into agreements with construction providers just like any other business transaction. This mixed legal framework (or "mixed law") creates a distinctive legal relationship, where elements of public law, such as administrative regulations and oversight, coexist with private law principles, such as those governing contract enforcement and dispute resolution. The contract, which is a Keputusan Tindakan Administrasi Negara (KTUN), remains a civil law act, despite its public law foundation. This hybrid nature of government contracts ensures that both public and private law aspects are considered in the process, which can sometimes lead to legal complexities and challenges in the implementation and enforcement of these contracts.

Kintannia Khairunnissa Indriyanti

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

A fiduciary guarantee agreement is a formal agreement that must be stated in a notarial deed as regulated in Article 4 of the Fiduciary Guarantee Law. This provision states that a fiduciary guarantee is a subsidiary agreement of the main agreement that creates an obligation for the parties to fulfill a performance. Execution, in this context, is a legal action carried out based on a legally binding decision. Article 15 paragraph (2) of the Fiduciary Law explains that the executorial power of a fiduciary guarantee certificate allows for direct implementation without going through a court, is final, and binds the parties. This research uses an empirical normative method, namely combining library studies with field research. Primary data was obtained through interviews with Judges of the Yogyakarta District Court, Judges of the Sleman District Court, the Yogyakarta State Assets and Auction Service Office (KPKNL), and the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Secondary data comes from primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively. The research results indicate that following Constitutional Court Decision No. 18/PUU-XVII/2019, the execution of fiduciary collateral objects can no longer be carried out unilaterally by creditors, but must instead be filed through the District Court. This provision balances the legal standing between debtors and creditors and prevents potential arbitrariness. Nevertheless, execution through the courts is an alternative if there is no agreement between the parties regarding a default. The court's role following the Constitutional Court decision includes resolving disputes between creditors and debtors and ensuring that execution procedures are carried out in accordance with the HIR (Regional Regulations for the Protection of Creditors), RBG (Regional Regulations for the Protection of Creditors), and the Supreme Court's technical instructions. In general, the execution mechanism through the courts is considered quite effective in ensuring legal protection for both parties.

Murshal Senjaya

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

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.

Gilang Ramadhan

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

Free trade provides significant opportunities for developing countries to increase exports, expand market access, and drive economic growth. Through engagement in global markets, products and services can reach a wider range of consumers, creating the potential for increased national income. However, global economic integration also presents serious challenges, particularly in terms of the protection of Intellectual Property Rights (IPR). As national boundaries in economic activity become increasingly blurred, intellectual property—including patents, trademarks, industrial designs, copyrights, and trade secrets—becomes increasingly vulnerable to infringement. Common forms of infringement include piracy, counterfeiting of branded products, and theft of technology or innovation. These practices not only harm creators or rights owners but can also hinder the development of innovation, reduce industrial competitiveness, and undermine consumer confidence. Adequate IPR protection requires a combination of strong national regulations and an effective international legal framework. Instruments such as the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement under the WTO provide global standards to which compliance must be adhered, but implementation at the national level is crucial for their success. Weak or inconsistent law enforcement can open the door to violations that harm both domestic and foreign businesses. Beyond legal aspects, effective IPR protection also impacts the investment climate. Investors tend to invest in countries that can guarantee the security of their intellectual assets. Therefore, IPR protection is not only a legal issue but also a long-term economic development strategy. Therefore, in the era of free trade, developing countries need to balance market openness with strengthening IPR protection systems to create a conducive environment for innovation, sustainable economic growth, and public welfare.

Veronica Angeline Novisaputri

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

Electronic commerce (e-commerce) has become a dominant trend in modern buying and selling transactions, offering easy access and efficiency. Marketplaces like Shopee act as intermediaries between merchants and buyers, providing fast, secure, and integrated transaction facilities. However, behind this convenience, significant legal issues arise, particularly regarding unilateral transaction cancellations by buyers through the refund feature. In practice, these refund requests are generally approved by the marketplace without thorough verification of the validity of the cancellation reason or the existence of the goods already shipped by the merchant. This study aims to analyze the legality of unilateral cancellations by buyers from the perspective of Indonesian civil law, with reference to the provisions of the Civil Code (KUHPerdata) and the concept of electronic contracts as stipulated in the Electronic Information and Transactions Law (UU ITE). The study uses a normative juridical approach by examining laws and regulations, legal literature, and analyzing two case studies involving merchants BZS and HK. The results indicate that unilateral cancellations by buyers without returning the goods constitute a form of breach of contract. This action not only violates the electronic contractual agreement established during the transaction but also causes financial and reputational harm to merchants. This phenomenon indicates weak legal protection for business actors in the e-commerce ecosystem, particularly regarding the bargaining power between sellers, buyers, and marketplace platforms. Therefore, strengthening fair and transparent digital dispute resolution mechanisms is necessary, including preventive legal protection to prevent losses and repressive protection to provide redress for injured parties. This step is crucial for realizing a healthy, balanced, and equitable digital trade ecosystem for all parties involved.

Nanik Indah Setyani; Anwar Budiman; Saefullah Saefullah

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

This study examines the legal liability of a Limited Liability Company (LLC) before and after bankruptcy, with a focus on the roles of the board of directors, board of commissioners, and the curator appointed by the Commercial Court. Prior to bankruptcy, the liability for the company's obligations rests primarily with the board of directors and the board of commissioners, especially when debts arising from binding agreements remain unpaid. In situations where the company is unable to fulfill its payment obligations, and such inability is confirmed by a final court ruling, responsibility for managing and settling the company’s debts and assets is transferred to a court-appointed curator. The research analyzes the legal framework governing the curator’s authority, which operates under the supervision of a supervisory judge from the Commercial Court. The curator acts as the sole party responsible for handling the bankrupt entity’s obligations to creditors, ensuring compliance with applicable bankruptcy laws. This study uses a normative juridical approach, relying on legislation, case law, and legal doctrine to examine the extent of responsibility at each stage of the bankruptcy process. Special attention is given to the legal considerations of the Central Jakarta Commercial Court in Decisions Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst and Number 38/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Both rulings are found to be appropriate, as they meet the legal requirements for declaring an LLC bankrupt based on verified facts and circumstances. The findings underscore the importance of distinguishing between pre-bankruptcy liabilities—borne by company management—and post-bankruptcy responsibilities, which are entirely managed by the appointed curator. This clear allocation of responsibility ensures creditor protection, maintains judicial oversight, and upholds the principles of fairness and legal certainty in bankruptcy proceedings

Suharti Jetia

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of withholding a diploma as a condition of employment is still widespread in employment relationships in Indonesia. Generally, employers argue that withholding a diploma is intended to guarantee that workers complete the agreed-upon work contract period. However, this practice raises legal issues because it has the potential to violate the principle of freedom of contract, especially when viewed in light of the provisions of Article 1320 of the Civil Code (KUH Perdata), which regulates the conditions for a valid agreement. A diploma withholding clause can affect the fulfillment of the element of free agreement, because such clauses are often agreed to under duress or without fair alternatives for workers. This study aims to examine the validity of diploma withholding clauses in employment agreements and assess the legal consequences if such clauses are declared invalid. The research method used is a normative juridical approach by analyzing relevant laws and regulations, legal doctrine, and court decisions. The results of the analysis show that diploma withholding clauses often conflict with the conditions for a valid agreement, especially the element of lawful cause, because they conflict with the principles of protecting workers' rights and the principle of justice in freedom of contract. Furthermore, this practice can lead to human rights violations, considering that diplomas are important personal documents and cannot be confiscated without a clear legal basis. If the diploma retention clause is declared invalid, the clause is null and void and does not bind the parties. Consequently, the employer is obliged to return the diploma to the employee unconditionally, and the employee has the right to claim compensation if they suffer losses due to the retention. This study recommends the need for stricter regulations in employment regulations to prohibit the practice of diploma retention, in order to ensure the creation of fair and equal employment relationships in accordance with the principles of contract law.

Wilda Hilda Riska Laia; Roida Nababan; Besty Habeahan

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

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.

Andreas Andrie Djatmiko; Dinar Ayu Marta

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

Advances in digital technology have brought significant changes to various aspects of life, including socio-economic activities such as arisan (social gathering). Arisan, which was previously conducted conventionally, has now begun to transform into online arisan. This change offers several advantages, including ease of access, reduced time constraints, and a wider range of participation. However, behind this convenience, an equally important challenge lies the lack of regulation and oversight of online arisan practices, which are prone to legal threats. This study aims to examine the urgency of creating written agreements in the implementation of online arisan and examine their legal force as a form of legal protection for the actors, both organizers and members. Using a normative juridical method through a regulatory-statutory approach and case studies, this study emphasizes the importance of legal validity in civil relations formed through online arisan. Data were obtained through observation, interviews, and documentation, which were then analyzed through a process of data reduction, presentation, and drawing conclusions. The results of the study indicate that written agreements in online arisan have legally binding force as long as they meet the requirements for a valid agreement according to Article 1320 of the Civil Code. The existence of a written agreement can increase legal certainty, strengthen the legal standing of the parties, and serve as valid evidence in the event of a breach of contract. Therefore, creating a written agreement is crucial to avoid losses and strengthen legal protection in online arisan (social savings and credit) practices. Furthermore, a written agreement also reflects the good faith of the parties in carrying out their commitments professionally and responsibly. This serves as an important foundation for building trust and creating a transparent and accountable online arisan system. Therefore, it is recommended that every online arisan participant create a clear written agreement and have it notarized to strengthen its legality.

Ni Putu Yuliana Kemalasari; KMS Herman

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The rise of online loans (commonly known as pinjol) reflects the broader transformation of conventional financial systems into digital platforms, influenced heavily by the rapid development of financial technology (fintech). While online loans offer ease and accessibility, their implementation has raised significant legal concerns—particularly relating to the violation of privacy and the rights of third parties who are not directly involved in the loan agreement. One of the main legal issues occurs during the debt collection process, where third parties—often relatives, colleagues, or acquaintances of debtors—are subjected to intimidation, unlawful dissemination of personal data, and public defamation. These practices are not only unethical but also infringe on the privacy and dignity of uninvolved individuals. This article employs a legal research method using a normative approach. As a normative legal study, it analyzes laws, regulations, and legal literature relevant to the problem. The study finds that current legal regulations do not adequately protect third parties from the harmful practices associated with online loan collections. In response, there is a pressing need for regulatory reform. This includes strengthening personal data protection laws, enhancing supervision mechanisms over fintech companies, and ensuring that legal standards are consistently enforced. Reformulating these regulations will help address the legal vacuum and ensure greater legal certainty and protection for all individuals affected by online loan transactions. Through comprehensive policy changes and stronger enforcement, the negative impact of online loans can be mitigated, safeguarding both borrowers and uninvolved third parties.