Publication Search

This research examines compliance with gold pawn guarantee execution procedures from a civil law perspective, using a case study of Medan District Court Decision Number 738/Pdt.G/2023/PN Mdn. The background to this research stems from the growing practice of gold pawning in society as a solution for quick cash needs, but it often raises legal issues related to the execution process of the pawned goods. The issues raised in this paper are the procedures for executing gold pawn guarantees according to applicable law and whether PT. Gadai Mas Sumut's actions in this case comply with legal provisions. This research method uses a normative juridical approach by examining Articles 1150-1160 of the Civil Code, the Consumer Protection Law, and PMK Number 122 of 2023. The analysis shows that, normatively, creditors have the right to execute pawned goods if the debtor defaults. However, execution must be carried out in accordance with legal procedures, the principle of good faith, and transparency, including through a public or voluntary auction. In the case of PT. In the case of the North Sumatra Gold Pawn, the execution was carried out without adequate notification and without evidence of an official auction, thus being deemed to have failed to meet the principle of legal compliance. Therefore, this article concludes that gold pawn execution practices must be based on the principles of legal certainty and debtor protection to prevent similar losses and disputes in the future.

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.

The development of information technology has driven significant changes in contracting practices, including the emergence of electronic contracts as a form of agreement in digital transactions. This study aims to analyze the legal basis, validity requirements, constituent elements, and legal status of electronic contracts under the Law of ITE, Government Regulation No. 71 of 2019, Government Regulation No. 80 of 2019, and the general principles of agreement in the Civil Code. The research employs a normative juridical method with a qualitative analytical approach through a literature review of legislation and relevant legal doctrine. The study’s findings indicate that electronic contracts fundamentally possess the same validity as conventional written contracts, provided they satisfy the validity requirements of Article 1320 of the Civil Code and the technical provisions set forth in the implementing regulations of the UU ITE. These provisions include the use of reliable electronic systems, adherence to the principles of prudence and good faith, and the provision of clear electronic information. Electronic contracts must also contain the essentialia, naturalia, and accidentalia elements as regulated in Government Regulation No. 71 of 2019, and they are subject to additional rules applicable to electronic transactions under Government Regulation No. 80 of 2019. The implications of this study underscore the importance of raising electronic system security standards, providing legal education for participants in digital transactions, and strengthening regulations on digital proof and evidentiary rules so that electronic contracts can deliver optimal legal certainty.

This study examines the changes in the authority of the Professional Disciplinary Council (Majelis Disiplin Profesi, MDP) under Law Number 17 of 2023 concerning Health and their implications for legal certainty for medical and health professionals. Although these changes are intended to improve the professional disciplinary system, they have resulted in the centralization of authority under the Ministry of Health, including the appointment of members, institutional formation, and the process of judicial review of MDP decisions. Furthermore, MDP recommendations can now serve as a basis for criminal investigations against medical and health personnel, which contradicts the original function of the MDP as an institution for enforcing ethics and professional discipline based on due process of ethics. This research employs a normative juridical method with a descriptive-analytical and case study approach, supported by expert interviews in health law. Theoretical frameworks used include the Theory of Legal Certainty, the Theory of Human Rights, and the Theory of Legal Protection. Findings indicate that the centralization of authority under the Ministry of Health has created a power imbalance in professional oversight. This has negative implications for legal protection, increasing the risk of conflict of interest, abuse of authority, and weakening legal certainty for medical and health professionals. Therefore, it is necessary to revise Law No. 17 of 2023 and Government Regulation No. 28 of 2024 to restore the independence of the MDP and ensure a proportional redistribution of authority within the health professional oversight system.

The paradigm of the Indonesian criminal justice system is currently undergoing a significant shift from a retributive approach toward a restorative one. Criminal offenses resulting from negligence (culpa) present a unique case within this transition, as they lack malicious intent (mens rea in the form of dolus), yet often result in severe harm or loss of life. Despite its potential, the application of restorative justice for culpa offenses remains hindered by fragmented and sectoral regulations among law enforcement agencies, leading to legal uncertainty and inconsistent implementation. This research aims to analyze the urgency of restorative justice in negligence cases and proposes a model for its reconstruction. Using a normative juridical research method with statutory and conceptual approaches, this study examines existing regulations from the National Police, the Attorney General’s Office, and the Supreme Court. The findings indicate that the current framework requires a structural reconstruction through the synchronization of inter-institutional policies and the integration of restorative justice principles into the National Criminal Procedure Code (KUHAP). This reconstruction is essential to ensure a unified standard that balances legal certainty, the rehabilitation of the offender, and the restoration of the victim’s rights in unintentional crimes.

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

The franchise business model has experienced rapid growth in Indonesia, particularly in the food, beverage, and modern retail sectors, such as Indomaret. The franchise system provides efficient business expansion opportunities for franchisors and franchisees to participate in businesses that already have established operational standards and market reputations. However, behind this development, significant legal challenges have emerged, particularly related to the unequal position between franchisors and franchisees in franchise agreements. This study aims to analyze the forms of legal protection for franchisees by reviewing the principles of fairness, balance, and legal certainty in the implementation of franchise contracts. The approach used is a normative juridical method with a case study of the Indomaret franchise partnership, which is examined through an analysis of related laws and regulations, such as Government Regulation Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade Number 71 of 2019. The results of the study indicate that there is still asymmetry of power in contract drafting, weak legal literacy of franchisees, and a lack of government oversight of agreement implementation. Therefore, regulatory reform and strengthening of oversight mechanisms are needed to ensure that franchise relationships operate fairly, transparently, and sustainably

In Indonesia, waqf generally takes the form of land that is used for mosques, prayer rooms, schools, cemeteries and homes for orphans, although the object of waqf is not limited to land alone. A clear waqf certificate is important to provide legal certainty regarding the ownership and use of waqf land, because without this certainty, ownership or management disputes could hamper the use of waqf assets for the public interest. Law Number 41 of 2004 concerning Waqf regulates waqf as a concrete effort to deal with waqf problems, but many people have not officially registered waqf land, which has the potential to cause conflict in the future. An example is the case that occurred at the Jami Nurul Islam Mosque, which is located in Koja, North Jakarta, DKI Jakarta, Indonesia. This research will discuss the legal consequences of the absence of a waqf pledge deed and resolving waqf land disputes through alternative methods, using normative legal research Keywords : Waqf, Waqf Disputes, Alternative Methods.

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

This study aims to analyze the legal consequences of land rights transfer in disputed objects using a normative legal research method. Issues related to the transfer of land rights often give rise to legal disputes between interested parties, particularly when the transfer process does not comply with the prevailing agrarian laws and regulations. This research employs both the statutory approach and the conceptual approach to examine relevant legal provisions in depth, such as Law Number 5 of 1960 concerning the Basic Agrarian Principles (UUPA) and Government Regulation Number 24 of 1997 concerning Land Registration. The data were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively, emphasizing legal interpretation and expert doctrines. The findings reveal that any transfer of land rights carried out without proper legal procedures, both administratively and substantively, may result in legal consequences such as null and void transactions, ownership disputes, and even the annulment of land certificates by the court. Furthermore, it was found that the principles of legal certainty and legal protection for landowners are often neglected due to weak law enforcement and administrative irregularities in land affairs. This study emphasizes the importance of applying the principles of legality and prudence in every land rights transfer process to ensure legal certainty and justice for all parties involved in disputes.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

For individuals and legal entities, land registration serves as the sole method to protect land ownership and ensure legal certainty. The foundation of land rights is based on Law No. 5 of 1960 concerning the Basic Agrarian Principles, which recognizes several types of land rights, including Ownership Rights (Hak Milik), Building Use Rights (Hak Guna Bangunan), Cultivation Rights (Hak Guna Usaha), and Use Rights (Hak Pakai). The primary objective of this Community Service Program (Pengabdian kepada Masyarakat or Abdimas) is to educate the public and clarify misinformation circulating on social media. The educational initiative focuses on Government Regulation No. 18 of 2021, which ensures that long-standing land rights can still be registered through the “Recognition of Rights” mechanism. This discussion activity was initiated by the Faculty of Law, Universitas Pancasakti Tegal, which felt compelled to engage with the community in addressing issues related to land ownership and registration. Through this initiative, is hoped that public awareness and understanding of land law can be significantly improved.

This study examines the legal protection regarding the cancellation of unused trademarks through a case study of the Supreme Court Decision No. 264 K/Pdt.Sus-HKI/2015 between IKEA Systems BV and PT Ratania Khatulistiwa. Trademarks play a vital role in modern trade, functioning not only as product identities but also as guarantees of quality and reputation with significant economic value. Law No. 15 of 2001 stipulates that a trademark may be cancelled if it is not used for three consecutive years, aiming to prevent speculative practices and pseudo-monopolies. However, this provision raises issues when applied to well-known trademarks that require longer periods to penetrate domestic markets. Using a literature review approach, this research analyzes legal norms, doctrines, and court decisions, while comparing them with international practices. The findings reveal that Indonesian law prioritizes the use requirement principle over the global reputation of a trademark. The Supreme Court’s decision to cancel the IKEA trademark demonstrates Indonesia’s legal orientation towards domestic legal certainty, yet it also creates challenges in maintaining a conducive investment climate. Therefore, trademark regulations need to be reformed to become more adaptive to globalization dynamics while balancing the interests of trademark owners, local businesses, consumers, and the state.

Inheritance involving adopted children often becomes a complex and controversial issue in Indonesia’s dual legal system. In Islamic law, inheritance is strictly based on blood and marital relationships; therefore, adopted children are not considered legal heirs. To address this limitation, Article 209 of the Compilation of Islamic Law (KHI) introduces the concept of a wasiat wajibah or mandatory will, allowing adopted children to receive up to one-third of the adoptive parents’ estate. In contrast, civil law treats adopted children as equivalent to biological children if the adoption is legally recognized, granting them full inheritance rights. These contrasting provisions create legal disparities and confusion within society. This study aims to explore the different legal treatments of adopted children under both systems, identify the challenges they face, and analyze efforts toward harmonization. Using a qualitative, normative-juridical approach through literature and regulatory analysis, the study finds that Islamic law restricts inheritance through gifts and wills, while civil law ensures equal rights. Challenges include legal uncertainty, inconsistent judicial interpretations, and potential conflicts between adopted and biological heirs. Harmonization efforts are reflected in KHI provisions, legal reforms on adoption, and judicial practices seeking to balance sharia principles, social justice, and legal certainty.

This research aims to examine the authority of the Corruption Eradication Commission (KPK) in handling connectivity corruption cases after the Constitutional Court Decision Number 87/PUU-XXI/2023. This research is a normative legal research with a statute approach and a case approach, using primary and secondary legal materials collected through literature studies. The results of the study show that the Constitutional Court interpreted Article 42 of the KPK Law constitutionally conditionally, so that the KPK remains authorized to handle connectivity cases as long as the handling begins from the beginning by the KPK. This decision provides legal certainty as well as strengthening legitimacy for the KPK in handling cases involving legal subjects from the general and military courts at the same time. This study also shows that structural barriers, multi-interpreted legal substance, and sectoral legal culture are serious challenges in connectivity law enforcement practices. Therefore, it is necessary to harmonize regulations and strengthen the legal structure and culture between institutions in order to realize a more effective, fair, and non-discriminatory eradication of corruption.

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.

The implementation of the Land Dispute Handling and Resolution Policy through Mediation at the Pekanbaru City Land Office has several phenomena such as the number of mediations exceeding the target every year, no change in targets, and a low number of resolutions through mediation. This policy aims to provide legal certainty in order to implement land policy, which is one of the tasks and functions of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The purpose of this research is to analyze and describe the Implementation of Land Dispute Handling and Resolution Policy Through Mediation at the Pekanbaru City Land Office. Additionally, it aims to identify the inhibiting factors of the Implementation of Land Dispute Handling and Resolution Policy Through Mediation at the Pekanbaru City Land Office using the Policy Implementation theory according to Van Meter and Van Horn. This research employs a qualitative descriptive research type by collecting data through interviews, observations, and documentation. The results of this study indicate that the Implementation of Land Dispute Handling and Resolution Policy Through Mediation at the Pekanbaru City Land Office has not been carried out effectively due to several shortcomings in various factors. The inhibiting factors include the complexity of synchronizing mediation schedules, inadequate budget, and low mediation success rate.

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.

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.

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.