Publication Search

The strong bargaining power imbalance in the formation of sales contracts, particularly in standard contracts unilaterally drafted by business actors, undermines the principle of freedom of contract, as it is not accompanied by the principle of balance that should ensure a proportional distribution of rights and obligations. This study aims to identify legal issues arising from such imbalances and examine how the principle of balance can be effectively implemented to achieve contractual justice. Using a normative juridical method and conceptual, statutory, and comparative approaches, the research finds that exoneration clauses, unilateral clauses, and “take it or leave it” practices are the primary causes of the loss of substantive consensus in standard contracts. The findings indicate that existing legal protections are still insufficient to prevent the dominance of business actors an issue increasingly evident in the rapidly growing digital sector. The study highlights the need for stronger supervisory instruments, greater transparency in contract drafting, and the reformulation of standard clauses to better reflect proportionality. It also opens opportunities for further empirical research to assess the effectiveness of applying the principle of balance in everyday contractual practices.

Kajian ini membahas aspek-aspek nilai dalam Islam yang berkaitan dengan pengembangan serta penerapan ilmu pengetahuan, dengan penekanan pada pentingnya maqashid al-syariah sebagai dasar etika dalam ilmu. Tujuan utama dari penelitian ini adalah untuk menjelaskan bahwa ilmu dalam konteks Islam tidak netral dari nilai-nilai, melainkan selalu diarahkan untuk kebaikan bersama, keadilan, dan penghormatan terhadap nilai kemanusiaan. Dengan menggunakan pendekatan kualitatif deskriptif, penelitian ini mengeksplorasi konsep dasar nilai dalam ilmu Islam seperti ibadah, amanah, kerahmatan, dan tanggung jawab etis, serta bagaimana prinsip-prinsip maqasid yang mencakup hifz al-dīn, hifz al-nafs, hifz al-‘aql, hifz al-nasl, dan hifz al-māl diterapkan dalam praktik ilmiah masa kini. Hasil tinjauan menunjukkan bahwa penerapan etika ilmu yang didasarkan pada maqasid dapat menyelaraskan kebebasan berpikir dengan tanggung jawab spiritual, sehingga ilmu dapat menjadi media untuk ibadah dan kebaikan yang universal. Penelitian ini menekankan bahwa mengintegrasikan nilai-nilai dalam Islam ke dalam ilmu pengetahuan merupakan kunci untuk membangun budaya ilmiah yang etis, adil, dan sesuai dengan tantangan era modern.

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

The rapid development of information and communication technology has driven the transformation of human activities into the digital realm, making cyber law regulation an essential need to govern activities in the virtual world. This research discusses the comparison of cyber law regulations in Indonesia and Singapore, specifically the Electronic Information and Transactions Law (UU ITE) and the Cybersecurity Act as well as the Protection from Online Falsehoods and Manipulation Act (POFMA), focusing on legal philosophy, enforcement mechanisms, and the protection of freedom of expression. A normative legal research method with a comparative approach is used to analyze the normative context, law enforcement implementation, and the social impacts of both regulations. The research findings indicate that Indonesia adopts a repressive legal approach with fragmented enforcement and challenges related to digital literacy, which leads to potential restrictions on freedom of expression. In contrast, Singapore applies a risk-based regulatory framework with centralized coordination and a more adaptive mitigation approach, aiming to balance content control with the protection of human rights. This research recommends reforms and strengthening of cyber law regulations in Indonesia to improve law enforcement effectiveness and ensure proportional freedom of expression in the digital era.

Indonesia is a pluralistic country with diverse religions, races, ethnicities, and customs, making freedom of expression an essential right protected by law. Article 28E of the 1945 Constitution guarantees every citizen the right to freely express their beliefs and opinions. From the perspective of fiqh Siyasah Dusturiyah (Islamic constitutional politics), freedom of expression is a right that must be safeguarded by the state as long as it aligns with the principles of deliberation and does not contradict Islamic law. This study aims to examine the freedom of expression of Syaykh Al-Zaytun in light of Siyasah Dusturiyah and Article 28E of the 1945 Constitution. The research uses a normative juridical approach with primary data sources including the Constitution and the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah by Ali Akhbar Abaib Mas Rabbani Lubis, as well as secondary sources such as books, journals, documents, and legal regulations. The findings indicate that Syaykh Al-Zaytun’s freedom of expression is permissible under both perspectives, provided certain conditions are met: it must comply with Islamic law and national law, uphold public interest, cause no harm, and be accompanied by social responsibility. Syaykh Panji Gumilang’s views should be understood as part of public discourse, not hate speech, as they aim to foster nationalism and the common good.  

Relativisme sebagai pandangan filsafat modern menolak adanya kebenaran yang absolut, termasuk dalam ranah keagamaan dan moralitas. Dalam konteks pendidikan Kristen, pemikiran ini menjadi tantangan serius karena menggoyahkan dasar epistemologis iman yang menegaskan bahwa Allah adalah sumber kebenaran sejati. Relativisme menempatkan manusia sebagai ukuran kebenaran, sehingga setiap pandangan dianggap sah menurut keyakinan pribadi, budaya, atau pengalaman masing-masing. Akibatnya, nilai-nilai objektif yang bersumber dari wahyu ilahi semakin kabur di tengah sistem pendidikan yang cenderung menekankan kebebasan berpikir tanpa batas moral. Tantangan ini meliputi tiga dimensi utama: penolakan terhadap kebenaran absolut, pandangan bahwa semua agama sama, dan keyakinan bahwa kebenaran bersandar pada pengalaman subjektif. Ketiganya menyebabkan peserta didik kehilangan arah moral dan spiritual yang jelas. Pendidikan Kristen dituntut untuk merespons dengan menegaskan kembali kebenaran yang bersumber dari firman Tuhan, memperkuat kemampuan berpikir kritis berbasis iman, serta mengembangkan kurikulum yang mengintegrasikan nilai-nilai Alkitabiah dalam seluruh bidang ilmu. Guru Kristen memiliki peran strategis dalam menanamkan keyakinan bahwa Kristus adalah kebenaran yang hidup dan tidak berubah di tengah dunia yang terus bergeser secara ideologis. Dengan demikian, pendidikan Kristen bukan hanya berfungsi mentransfer pengetahuan, tetapi juga membentuk karakter dan cara pandang dunia yang berakar pada kebenaran Allah yang kekal, sebagai jawaban terhadap arus relativisme yang mengaburkan makna sejati dari kebenaran.

Freedom of expression is a fundamental human right, yet it is not absolute, as it may be restricted under certain conditions in accordance with international law, such as the protection of reputation, national security, and public order. In Indonesia, this right is guaranteed by the 1945 Constitution of the Republic of Indonesia and its derivative regulations. However, the rapid development of information and communication technology has reshaped the landscape of public discourse. The digital space, while facilitating easier access to and dissemination of information, also presents challenges, including hate speech, misinformation, cyberbullying, and the potential for criminalization due to ambiguous regulations.To respond to these challenges, the Regional Board of Nasyiatul Aisyiyah (PDNA) Semarang organized a community service program in the form of a public dialogue titled “Freedom of Speech: Between Rights and Risks” on August 9, 2025, at the Hall of the Central Java Provincial Archives and Library Service. This activity was carried out through a participatory approach by academics who are also members of PDNA, together with the PDNA Semarang board. Two speakers were presented, Dr. Mochamad Riyanto, S.H., M.Si., a legal expert from Universitas 17 Agustus (Untag) Semarang, and Aris Mulyawan, Chair of the Alliance of Independent Journalists (AJI) Semarang. The dialogue produced three main findings: first, the need for legal awareness so that freedom of expression does not lead individuals into legal problems; second, the importance of digital literacy to reduce the spread of hoaxes and hate speech; and third, the urgency of building safe digital spaces through collaboration among communities, media, and educational institutions. The discussion emphasizes that freedom of expression in the digital era must be understood as both a right and a responsibility, requiring a fair regulatory ecosystem and continuous digital literacy enhancement

This article examines the role of Christian religious education in influencing mass media freedom and its impact on Christian religious education itself. In the context of globalization and digitalization, mass media has become the main means of disseminating information and religious values. Christian religious education functions to equip students with a critical understanding of media content, so that they are able to sort and understand religious teachings in dealing with various emerging perspectives. This research highlights the relationship between Christian religious education and the influence of mass media on the formation of the religious identity of the younger generation. The findings show that good Christian religious education can strengthen students' freedom of thought, help them to integrate Christian values ​​in everyday life, and create a deeper awareness of the influence of the media. Thus, synergy between religious education and mass media is very important to promote a holistic understanding of Christian teachings in modern society.

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.

This study explores the role of Hadith as a foundation for instilling the values of religious tolerance, with a focus on shaping the awareness of Generation Z in the contemporary era of technology and globalization. The Qur'an and the Hadith of Prophet Muhammad SAW emphasize respect for religious diversity and firmly prohibit intolerance, offering a strong theological basis for promoting harmonious coexistence. As a digitally active generation, Gen Z possesses significant potential to disseminate tolerance values through online platforms. Nevertheless, they face challenges such as disinformation, hate speech, and the spread of distorted religious interpretations, which may hinder the cultivation of inclusive attitudes. This research highlights that the integration of tolerance values requires methods aligned with Gen Z’s characteristics, including interactive discussions, the strategic use of social media, and educational approaches rooted in prophetic principles. By adopting such methods, religious teachings can be contextualized in a manner that resonates with Gen Z’s communication styles and digital literacy levels. The study employs a qualitative literature review to analyze relevant Hadith texts, their interpretations, and contemporary strategies for value transmission. The findings suggest that a combination of religious education, digital engagement, and community-based initiatives can effectively foster interfaith understanding and reduce intolerance among youth. Ultimately, this research offers a practical framework for educators, religious leaders, and policymakers to strengthen inter-religious tolerance by enhancing the comprehension and application of Hadith in addressing the unique challenges of the digital era.

Freedom of religion is a fundamental and internationally recognized human right, serving as an important foundation in creating a just society. This article explores religious freedom through the perspective of the encyclical Pacem in Terris issued by Pope John XXIII in 1963. In the document, the Pope affirms the right of every individual to worship God according to his conscience, both in private and in public. Although this freedom is guaranteed by the Indonesian constitution, its implementation often faces serious challenges such as intolerance and discrimination against minority groups. This article aims to examine the concept of religious freedom in the context of Pacem in Terris , focusing on articles 14, 35 and 36 of the encyclical, and its relevance to the current socio-political situation. Through an in-depth textual analysis of the encyclical and related literature, this article shows that the teachings of Pope John XXIII can serve as a guideline for strengthening tolerance and mutual respect among religious communities in Indonesia. Thus, this study is expected to contribute to a deeper understanding of religious freedom as part of human rights and the role of the state in ensuring its implementation.

The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

This study aims to analyze the forms of learning difficulties experienced by students in understanding the path independence theorem in the Vector Calculus course. The focus of the research is a group of students who had previously presented this material in class. Data were collected through a questionnaire containing both open- and close-ended questions to explore conceptual understanding, difficulties in distinguishing between conservative and non-conservative fields, and challenges in solving application problems. The analysis revealed that although students reported having a fair grasp of the basic concepts, they still expressed uncertainty in understanding the relationship between path independence and the conditions for conservative fields. Difficulties were also found in spatial visualization and in connecting concepts with the fundamental theorem of calculus. In addition, students showed a preference for worked example problem sets and visual learning media as the most effective learning supports. These findings indicate the need for an interactive, contextual, and visually supported instructional approach to enhance students’ conceptual understanding and application skills related to this topic.

This study aims to examine how university students perceive freedom of expression in Indonesia within the context of democracy and the digital age. A descriptive quantitative method was employed by distributing questionnaires to students from various universities. The findings reveal that most students view freedom of expression as a fundamental right in a democratic society. However, concerns were raised regarding potential restrictions through ambiguous regulations and the threat of legal sanctions. Social media platforms serve as the primary medium for expressing opinions, although risks such as digital harassment and criminalization persist. In conclusion, while students generally have a positive view of freedom of expression, they remain cautious about its possible repercussions. These findings suggest the need for stronger legal protections and improved digital literacy to ensure that freedom of expression remains safeguarded in a democratic system.

The principle of freedom of contract is a fundamental tenet in contract law that grants parties the autonomy to determine the content, form, and subjects of an agreement. In the context of business contracts in Indonesia, this principle plays a vital role in providing flexibility for business actors to regulate their legal relationships independently. However, in practice, the implementation of this principle often faces various challenges, such as unequal bargaining power between parties and legal interventions aimed at protecting weaker parties. This study aims to analyze how the principle of freedom of contract is applied in the practice of business contracts in Indonesia, as well as the legal boundaries that limit such freedom. A normative juridical method is employed, using statutory and case study approaches. The findings indicate that contractual freedom in Indonesia is not absolute but is restricted by positive law, propriety, and public order. Therefore, a balance is required between contractual freedom and legal protection in the drafting of business contracts.  

This paper examines human actions within social media interactions, with a particular emphasis on the phenomenon of cyberbullying from the perspective of ethical philosophy. The focus of this study is not on the entire scope of ethics in human life, but specifically on evaluating whether cyberbullying can be categorized as morally good or bad according to ethical principles. In everyday life, such actions are often carried out unconsciously by the perpetrators, and many even deny having committed them, due to a lack of understanding about the various forms of cyberbullying. This study employs a qualitative method in the form of a literature review, analyzing various scholarly works and previous studies to explore how ethical philosophy can serve as a framework for assessing the moral value of human behavior in digital spaces. Through this approach, the paper aims to provide a deeper ethical understanding of cyberbullying and to foster critical awareness within society in evaluating and reflecting upon online behavior in contemporary social life.

As a democratic legal state, Indonesia is obligated to guarantee press freedom as an information source for the community and as a social watchdog. The ITE Law, a response to technological developments, affects the existence of press media, which now present information digitally. This research focuses on two main issues: First, it examines the implications of the ITE Law on press freedom using Lawrence M. Friedman's theory. Second, it explores how to ideally guarantee press freedom through the legal protection of journalists. This study aims to examine the extent to which the ITE Law restricts press freedom. This study employs a normative juridical approach with a literature review and case analysis of the criminalization of journalists in Indonesia. The results show that the ITE Law creates legal ambiguity, thus triggering the abuse of vague articles, particularly Article 26, paragraph 3, which contradicts press freedom as protected by the 1945 Constitution. The study concludes that there is a need for a fundamental revision of the ITE Law to create a balance between individual rights and public interests. Alternative solutions include synchronizing the law with the press law and strengthening the role of the Press Council.

Press criminal law has significant implications in the case of sending a pig's head to the editorial office of Tempo, an event that has drawn attention regarding press freedom and the limits of expression. This research aims to analyze how the provisions of press criminal law can be applied in the context of acts of intimidation against the media as occurred in this case. Employing a normative juridical study method with a case approach, this research will examine potential criminal violations and the relevance of the Press Law in providing protection for press freedom. The main focus of the analysis is to understand the limitations that can be imposed on expression, especially when such actions have the potential to threaten or create fear among journalists. This case is important to evaluate in order to maintain the dignity of the press as a free and independent pillar of democracy. Furthermore, this research is expected to contribute to a deeper understanding of how the legal system responds to actions that can undermine press freedom in Indonesia, as well as provide recommendations for more effective law enforcement in protecting press freedom without neglecting the principles of justice.

This study aims to analyze the state's authority in organizing electronic systems related to freedom of expression in the digital world. The development of technology that gives rise to a dilemma between the needs or activities of society and regulations to protect public interests and individual human rights, especially freedom of expression, makes it necessary to have regulations that accommodate both of these things. Through a prescriptive normative legal research method with a statutory approach, through an analysis of laws and regulations, legal literature, and international human rights instruments, this study examines the state's authority in regulating the implementation of electronic systems that are pro-freedom of expression. The results of the study indicate that the state has the authority to regulate the implementation of electronic systems to determine and enforce restrictions on a person's human rights, which in this case is shown through the ability to terminate access to content. However, the implementation of the provisions that have been in effect has the potential to violate the right to freedom of expression because of the possibility of restrictions on rights that do not meet the principles of legality, legitimate purposes, and proportionality as regulated by laws and regulations, especially the constitution and international human rights standards.