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Mia Septiara Siringo Ringo; Dewinta Putri Ardana; Rahman, Muhammad

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

The development of information technology has transformed trade from traditional markets to digital platforms, including Cash on Delivery (COD) payment systems. This study analyzes the integration of the COD system with the istishna contract in online transactions (specifically on Shopee), its implementation mechanisms, and its validity according to Islamic jurisprudence (fiqh muamalah). The research method used a descriptive qualitative approach through digital observation and literature review. The focus of the study was on pre-order or custom product transactions made after a specification agreement between the buyer (mustashni') and seller (shani'). The results showed that the COD system is valid in the istishna contract because it allows for final payment upon receipt of the goods. This is in accordance with Sharia law as long as the product specifications are clear, the price is transparent, and the buyer's right to khiyar is fulfilled to ensure the goods conform to the contract. As long as it is free from riba (usury), gharar (gharar), and tadlis (tadlis), the COD method in istishna transactions reflects fairness, openness, and benefits for both parties in the digital economy ecosystem.

Riskita Riskita; Muhammad Abdur rohim; Ni’matur Rohmah; Nur Faizah; Muslehatul Fa’izeh +1 more

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

This article explores legal accountability for flood disasters occurring in several regions of Sumatra, which are widely alleged to result from large-scale logging activities. The analysis is conducted within the framework of the Indonesian legal system, with particular emphasis on contract law. This study adopts a literature-based research method by examining statutory provisions, legal doctrines, and relevant scholarly publications. The analysis demonstrates that flood events should not be understood solely as natural occurrences, but rather as ecological consequences arising from the failure to fulfill contractual obligations embedded in forest utilization permits. From a contract law perspective, forestry concessions establish binding legal relationships that impose environmental protection duties on permit holders in accordance with the principle of pacta sunt servanda. Logging activities that exceed authorized limits may therefore be classified as contractual default (wanprestasi) and, at the same time, constitute unlawful acts that cause harm to the state and affected communities. Accordingly, this study underscores the necessity of strengthening environmental protection clauses within concession agreements and applying strict liability principles to enhance legal responsibility and prevent recurring environmental harm.

Roli Pebrianto; Noviana Noviana; Muhammad Panji Prabu Dharma; Syarif Dahlan

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

This study seeks to examine how the element of state financial loss is applied in corruption cases that originate from private-law relationships, specifically in the context of Micro People’s Business Credit (KUR) financing using the Yarnen Porang scheme, as reflected in Decision Number 41/Pid.Sus.TPK/PN.MTR. The central issue addressed is the manner in which the panel of judges construed and affirmed the existence of a state financial loss that, in substance, arose from a civil act, namely the performance of a financing cooperation agreement between a banking institution and an offtaker. By employing a normative juridical approach and conducting an in-depth analysis of the judicial decision, this research concludes that the alleged state financial loss in the a quo case remains merely prospective in nature and does not satisfy the requirement of an actual and definite loss as mandated by positive law. Furthermore, evidence demonstrating that the financing funds were enjoyed by a third party rather than by the accused indicates a misapplication in attributing criminal liability. Consequently, the criminal prosecution of conduct that is essentially civil in character reflects an expansive interpretation of the state loss element, which is inconsistent with the principle of legality and the doctrine of prudence in the enforcement of corruption laws.

Fabian Crisandy E.D.; Wijaya, Riko Setya; Perdana, Putra

International Journal of Economic, Social and Development Sciences 2025 International Forum of Researchers and Lecturers

This study examines the factors influencing Indonesia’s motor vehicle exports to nine developing countries using the gravity model approach with long-term and short-term panel data. The variables analyzed include the Gross Domestic Product (GDP) of partner countries, exchange rates, economic distance, and trade cooperation agreements. The data are analyzed using the Error Correction Model (ECM) to capture short-term dynamics and long-term relationships. The long-term results show that partner countries’ GDP has a significant positive effect on Indonesia’s vehicle exports, indicating that economic growth in partner countries increases demand for Indonesian automotive products. Conversely, exchange rates and economic distance have significant negative effects, suggesting that depreciation of partner currencies and economic disparities reduce export volumes. Trade cooperation agreements do not have a significant impact in the long term. In the short term, changes in GDP continue to have a significant positive effect, while exchange rates maintain a significant negative impact on exports. Economic distance and trade agreements are not significant in the short term. The significant and negative error correction term (ECT) confirms the existence of an adjustment mechanism toward long-term equilibrium. This study highlights the importance of partner countries’ economic growth and exchange rate stability in supporting Indonesia’s vehicle exports to developing countries, as well as the need to address structural barriers to improve long-term competitiveness.

M. Syam'un Rosyadi; Erfaniah Zuhriah; Ahmad Izzuddin; Hafiza Samath

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

This study aims to analyze the importance of regulating property division agreements as a requirement in polygamy permit applications, using the approach of Aristotle's theory of justice, as well as maqā ṣ id al- syarī'ah in Islamic law. The type of research is normative, which includes conceptual and philosophical analysis of law, as well as comparative research on property regulation practices in the family law system. The study shows that the practice of polygamy tends to result in economic inequality, neglect of the rights of the first wife and children, and legal conflicts related to the ownership and division of joint property. There are two approaches to property division: equal distribution of property and division of property based on contribution. The results indicate that the contribution-based approach is fairer and more relevant to modern society, especially since women are increasingly involved in household expenses. The principle of sadd al-dzarī'ah also states that this agreement is very important as a preventive measure against possible damage that occurs in the household. Practically, this study proposes the implementation of regulations in state law to require property division agreements as a formal requirement in polygamy permit applications. Combining western and Islamic values of justice within a socially just family law framework is the main focus of this research.

Muhammad Ilham Fauzi; Teuku Ahmad Yani; Muhammad Jafar

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

Qanun of Banda Aceh City Number 4 of 2022 emphasizes that the Tirta Daroy Regional Public Company of Drinking Water aims to provide fair and sustainable drinking water services. The legal relationship between the customer and the company is regulated through the Decree of the Board of Directors PEG Number. III/10/PDAM/2020. However, there are still many customers who are in default in the form of late payments that cause losses to the company and are contrary to Article 1243 of the Civil Code regarding the obligation of debtors to compensate for losses due to negligence. This study aims to analyze the default settings in the customer connection agreement at  the Tirta Taroy Regional Public Drinking Water Company  , identify the factors causing defaults, and explain the form of applying civil sanctions to customers who commit defaults. This study uses an empirical juridical method with qualitative descriptive analysis based on legal and field data. The results of the study show that the most dominant forms of default in customers of the Tirta Daroy Regional Drinking Water Public Company are late and arrears of payments, not paying at all and misuse of water connections. The main causative factors include economic conditions, administrative negligence, and intentional elements. Legally, this default causes financial losses and disrupts the sustainability of public services. Sanctions are applied in stages through notices, warnings, summonses, to fines, compensation, or disconnection. The Tirta Daroy Regional Public Company is advised to follow up on customer complaints, improve the billing system, adjust the sanction clause proportionately, and increase legal awareness through socialization.

Dharmasanti Rawidya Putri; Sigit Wibowo

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

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

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.

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.

Lenny Lenny; Marice Simarmata

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

A cooperation agreement is a legal instrument that underlies the regulation of rights, obligations, and responsibilities between the parties involved in a collaboration. In the context of public health financing, this agreement aims to ensure access to adequate health services, especially for disadvantaged groups. Along with the reform of the health sistem in Indonesia in recent years, the government has sought to improve accessibility and quality of services through the transformation of the health financing sistem. The National Health Sistem (SKN) as the main framework is organized to ensure equitable health services. One of the crucial components in the SKN is health financing which is realized through the National Health Insurance (JKN). Legal provisions regarding the form and mechanism of this collaboration have been regulated in Law Number 17 of 2023, specifically Article 4 paragraphs (1) and (2), which emphasize that collaboration between BPJS and central and regional government institutions is carried out through a written agreement, which can be in the form of a memorandum of understanding, operational cooperation, functional cooperation, or other forms mutually agreed upon.

Thariq Hidayatullah; Tatiana Kristianingsih

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to determine how the process of media transfer of vital archives as an effort to preserve archives at the Surabaya Industrial Training Center. The study used a qualitative approach and involved BDI Surabaya archivists as research subjects. Data were obtained through interviews, observations, and documentation. The results of the study showed that the media transfer process had three main stages, such as pre-media transfer, implementation of media transfer, and post-media transfer. Vital archives that were transferred included important documents such as decrees of the head of the training center, land and building certificates, and cooperation agreements or MoUs. This study recommends improving facilities and infrastructure, developing the capacity of archivists, and improving the storage system so that digital archive management is more optimal in the future.

Septian Uky Kriscahya; Suwardi Suwardi

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

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

Grevicra De Rosario Sihotang

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The implementation of the Trade Facilitation Agreement (TFA) adopted by the World Trade Organization (WTO) since 2017 aims to reduce administrative barriers in international trade and improve the efficiency of the export-import process. By ratifying the TFA through Law No. 17/2017, Indonesia is expected to optimize trade and customs procedures, speed up the movement of goods, and reduce trade costs, which in turn supports economic growth and exports. The TFA includes simplification, modernization, and harmonization of export-import procedures, which are expected to provide significant benefits, especially for developing countries such as Indonesia. This research aims to analyze the implementation of trade facilitation in Indonesia. The research method used is normative legal research, which examines legal data sourced from literature (secondary legal materials). The implementation of this agreement has shown positive impacts, including reduced trade costs and increased export access, especially for small and medium enterprises. The Indonesian government, through the ratification of the TFA, aims to facilitate global trade by increasing transparency and efficiency in the export-import mechanism.  

Himawan Azri Lubis; Bonanda Japatani Siregar

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Rape is a criminal act by means of violence, threats and forcing the will on others, to commit an act that violates the rules, rape is often committed by someone by forcing others to have intercourse with threats and violence. In rape, many become victims, where almost all victims lack the courage to defend themselves so that it is easy for someone to commit rape. As in article 285 of the Criminal Code. The type of research used is normative juridical and empirical juridical. Normative juridical research is legal research that places law as a building of a norm system. The norm system in question is regarding the principles, norms, rules of laws and regulations, agreements and doctrines (teachings). This research was conducted on secondary data such as laws and regulations, scientific journals, law books related to the law of cooperation agreements and agencies. While empirical juridical research is research that has an object of study regarding community behavior. The behavior of the community studied is behavior that arises as a result of interacting with the existing norm system. The interaction emerged as a form of public reaction to the implementation of a positive legal provision and can also be seen from the behavior of the community as a form of action in influencing the formation of a positive legal provision. Empirical legal research in writing this thesis was conducted through direct interviews with the Sei Rampah District Court, Serdang Bedagai Regency. Research Results A. Imposition of sanctions on perpetrators of rape in the decision of the Serdang Bedagai District Court Number 511 / Pid.Sus / 2022 Pn Srh. Sentencing the Defendant therefore to imprisonment for 14 (fourteen) years and a fine of Rp1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid it is replaced with imprisonment for 2 (two) months; B. Regulation of criminal acts of indecency in laws and regulations. Article 281 of the Criminal Code Threatened with a maximum imprisonment of 2 years and 8 months or a maximum fine of Rp4.5 million: C. Obstacles faced in protecting victims of indecency against women and steps. The obstacles experienced are in the form of a protracted legal process (undue delay), evidence, the absence of articles regulating certain sexual crimes, intimidation from the perpetrator, and lack of support from the victim's closest environment.  

Tiur Herlina Yanti Hutagalung; Rayyan Firdaus

Jurnal Riset dan Publikasi Ilmu Ekonomi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

There are various types of financing in Islamic banking or financial institutions, one of which is mudharabah financing. This financing is a cooperation agreement between the capital owner (shohibul mal) and the fund manager (mudharib) for a business, where the profit is shared according to the agreed percentage based on the profit obtained. Mudharabah financing is closely related to UMKM, where UMKM owners, especially housewives, play an important role in managing family finances. This study aims to examine what are the challenges for UMKM in using the mudharabah contract and what are the advantages of using the mudharabah contract. The method used in this study is qualitative research with a descriptive approach, as well as descriptive data analysis through literature studies from scientific journals and books. The results of this study indicate that mudharabah financing can help the community in improving UMKM.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Omar Mochtar; Salma Keisa Azzahro Zain; Wahyu Sri Ningsih

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the role of Pancasila in the process of harmonizing international law and national law in Indonesia, with a focus on extradition agreements. As the state ideology and philosophical foundation of Indonesia, Pancasila provides principles that underpin the formation and implementation of national law. This study explores how Pancasila’s values, such as social justice and humanity, influence the policies and implementation of extradition agreements, as well as the challenges faced in aligning national law with international obligations. Using a qualitative approach and case studies, this research demonstrates that Pancasila functions as a moral and ethical guide that reinforces the integrity of Indonesian law in the global context. The findings are expected to provide insights into how the fundamental values of the state can strengthen the harmonization between national and international law and influence foreign policy and law enforcement in Indonesia.

Dewi Rahayu S. Gah; Yossie M.Y. Jacob; Helsina F. Pello

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the employment agreement held by CV. Citra with the Kupang Regional Health Detachment is a type of private agreement. Thus, as long as the parties carry out a legal act to make a private agreement, the agreement has binding legal force like a law for the parties who make it. CV. Citra and the Kupang Regional Health Detachment have a work cooperation agreement. In the Agreement, CV. Citra has an obligation to fulfill health services at the Kupang Regional Health Detachment in the form of providing pharmacy facilities through a recommendation application for renting State Property (BMN) in the form of land/land to be utilized. This study aims to determine and analyze the strength and legal impacts that occur in the employment agreement between CV Citra and the Kupang Regional Health Detachment. This study is an empirical legal research, where the research is called qualitative research, namely research that produces descriptive-analytical data. The results of the study indicate that the binding power of an underhand agreement between CV. Citra with the Kupang Regional Health Detachment based on the discussion above already has a binding force between the two parties who entered into a cooperation agreement with Number: PKS / 01 / IX / 2008, dated September 11, 2008 which has been registered / Warmeking legalized by Notary Silvester Joseph Mambaifeto, S.H, under Number; 206 / 2018, dated September 11, 2008. The legal impact if one party defaults on an agreement in this case the case between CV. Citra Kartika and the Kupang Regional Health Detachment based on the discussion above after holding various meetings to find a consensus but not finding a consensus, CV. Citra Kartika demands material and immaterial compensation from the Kupang Regional Health Detachment in the amount of Rp. 10,354,700,000,000.

Adnan Adnan; Amiruddin Amiruddin

International Journal of Economics, Management and Accounting 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Free trade practices are formed based on agreements, which are binding on the parties and must be implemented in good faith. KPBPB Sabang is an area within the jurisdiction of the Republic of Indonesia which is separate from the customs area so that it is free from import duties, value added tax, sales tax on luxury goods, and excise (fiscal and non-fiscal incentives). KPBPB Sabang has the potential to become a shore base port to support the oil and gas (oil and gas) industry off the coast of Aceh, and oil and gas exploration activities in the Andaman (Sea) Block. Through SWOT analysis, the Sabang area has great potential to become a connectivity hub because it has met the minimum requirements. However, the synergy between regulations, facilities and services at KPBPB Sabang still needs to be improved, both as a multi-purpose port and as a shore base port.

Wilis Herlin Aryani; Dilla Septia Islami; Aloysius Tommy Hendrawan

Mars: Jurnal Teknik Mesin, Industri, Elektro Dan Ilmu Komputer 2024 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

Mruwak is one of the villages in Madiun Regency where the majority of residents work as farmers. The food commodity most widely grown in the village is rice, while the rest are corn, sweet potatoes and peanuts. With the existence of a supply chain system, it is hoped that it can help farmers determine rice marketing routes effectively and efficiently. The aim of this research is to determine the supply chain system for rice produced by farmers in Mruwak Village. This research is qualitative in nature and the sample was selected purposively and using snowball sampling. The research results show the rice process, starting from land processing, rice planting, to maintenance and harvest. The farmers in the village have experience in growing rice, on average they have been growing rice for more than 10 years so they understand how to grow rice properly, including selecting superior seeds. The supply chain distribution channel used is a simple distribution channel model (1 to 3 level distribution channel model). Determination of selling prices based on agreements between farmers and buyers through demand and supply mechanisms (market mechanisms).  

Alifya Dyara Sruti; Agnie Bulan Rachmadhany; Tabina Ratnadewati; Saifuddin Zuhri

Jurnal Bisnis Inovatif dan Digital 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research aims to understand the communication carried out by PT Digimarly Solusi Digital in carrying out the lobbying and negotiation process with clients so as to create mutually beneficial cooperation. The theory applied in this research is Persuasion Communication Theory because this theory is related to the lobbying and negotiation process where individuals or groups involved in the lobbying and negotiation process must have the ability to convince interested parties to agree and adopt a certain attitude, statement, opinion, and behavior. The methodology used is qualitative research, with the research subject being PT Digimarly Solusi Digital which is a social media service company that provides digital marketing consulting services to the community, especially MSME players. Data was collected through in-depth observations and interviews with the Head of Department of Sales and CRM (Customer Relationship Management) as well as through library research. The results showed that the lobbying and negotiation strategies applied were Direct Lobbying and Win-Win Solution with the Cognitive Problem and Networking approach methods which aimed to equalize perceptions between PT Digimarly Solusi Digital and clients so as to find a mutually beneficial cooperation agreement between the two parties and maintain a long-standing good relationship.