Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 30/04/2025
- Languages
- English
-
Open Access
HUKUM DAN KEKUASAAN DALAM PERSPEKTIF FILSAFAT HUKUM PANCASILA
Abstract
The Preamble to the 1945 Constitution is a fundamental norm which contains four main ideas which are none other than Pancasila, so it can be concluded that the Preamble to the 1945 Constitution is Indonesian legal philosophy and its body is its legal theory. It is said that because in the Body of the 1945 Constitution the basis for Indonesia’s positive law is faound. The rule of law means that state power is bound by law. Not always a rule of law is a democratic state. The monarchical government also obeys the law. But democracy that is not a rule of law is not democracy in the true sense. Democracy is the safest way to maintain control over the rule of law. The concept of the rule of law must also be understood as a regulation of the limits of power possessed by state institutions. Therefore, apart from limiting these powers, it must be regulated to the relationship between the separation of powers and the relationship between the branches of power.
-
Open Access
ANALISIS PERLINDUNGAN HUKUM KONSUMEN TERHADAP KLAUSULA BAKU PADA PERJANJIAN KREDIT PERBANKAN
Abstract
The main function of the bank as a fund distributor is the basis for providing credit facilities by the bank to the community. In practice, credit is provided based on a credit agreement containing clauses that have been determined by the bank, or what is known as a standard clause. The clauses contained in the standard clause also include an exoneration clause. An exoneration clause is a clause in an agreement that refers to a part of the contract that regulates the release or transfer of special responsibilities. Although the position of the debtor in the Credit Agreement has been protected by the Consumer Protection Law, in its implementation the considerations and decisions of the judge have not fully implemented consumer protection. Therefore, the purpose of this study is to examine legal protection for debtors in standard agreements through an analysis of the considerations and decisions of the judge. The study uses a normative legal methodology, namely research that is carried out to obtain data by reviewing laws and regulations and their application in case studies. The data obtained is processed qualitatively to provide an in-depth and systematic picture of the topic discussed. The results of the study prove that consumer protection in banking credit agreements is largely determined by the judge's considerations and decisions in analyzing and interpreting the fulfillment of the valid requirements of the agreement and other laws and regulations in accordance with the positions of the parties.
-
Open Access
ETIKA BISNIS DI ERA DIGITALISASI DAN PENEGAKAN HUKUMNYA DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN
Abstract
Basically, in the business world, the main goal is to achieve profits. However, it is important to remember that businesses that violate ethical principles require strong law enforcement to protect legal values. This is necessary because there are still companies that try to take advantage of legal loopholes to gain profits. Therefore, this research aims to investigate and understand how the law regulates ethical violations in the business context in the digital era, including regulations and how they are implemented. The research method used is legal research based on applicable norms. The research results show that the law has regulated protection against ethical violations in statutory regulations. However, in practice, providing sanctions for violations of business ethics is still ineffective, due to various factors, including the lack of legal provisions that address corporate social and environmental responsibilities.
-
Open Access
PANCASILA SEBAGAI KONSEPSI POLITIS DAN ISI NALAR PUBLIK DALAM POLITIK HUKUM INDONESIA
Abstract
Public reason is a term from John Rawl as published in his book Political Liberalism (1993) which he then discusses again in the article "The Idea of Public Reason Revisted" (1997). Rawls defines public reason as the reasoning of citizens about the nature of the constitution and issues of basic justice which originate from the most reasonable political conception of justice which presupposes the existence of an 'overlapping consensus' (slice) between reasonable comprehensive doctrines, namely comprehensive doctrines which accept constitutional-democratic government accompanied by the idea of a legitimate legal order. Pancasila is a political conception and content of public reason, which is practiced especially in public political forums, including Indonesian legal politics. However, now many people doubt the position of Pancasila as a political conception and the content of public reason because there are still many disputes about the freedom to practice religious teachings, there are still many attempts to shift Pancasila as the basis of positive law, there are still many abuses of the law by the authorities to perpetuate power and carry out other bad actions that detrimental to the people. This article attempts to explain this problem clearly while trying to find a solution.
-
Open Access
PENGESAHAN PERKAWINAN PENGHAYAT KEPERCAYAAN DI INDONESIA: TANTANGAN HUKUM DAN SOLUSINYA
Abstract
This study examines the legal validity of marriages among indigenous belief followers in Indonesia and the efforts to secure state recognition for such marriages. In practice, these individuals often face difficulties in obtaining legal acknowledgment due to unclear regulations and limited public understanding. This research employs an empirical juridical method with a sociological and descriptive-analytical approach, combining field data from observations and interviews with primary and secondary legal materials. The findings indicate that indigenous belief marriages can be legitimized if conducted before a leader of the respective belief, in accordance with Article 2 of Law No. 1 of 1974 on Marriage and Government Regulation No. 40 of 2019. After receiving a marriage certificate, followers of indigenous beliefs can register at the civil registry office to obtain an official marriage certificate.
-
Open Access
ASPEK HUKUM PERLINDUNGAN DATA PASIEN DALAM PENYELENGGARAAN REKAM MEDIS ELEKTRONIK DI INDONESIA
Abstract
The Indonesian government has issued Minister of Health Regulation Number 24 of 2022 concerning Medical Records. Through this regulation, all health service facilities are required to transition from a manual medical record system to an electronic medical record (RME). The implementation of RME is regulated in order to advance the quality of health services, guarantee the safety and confidentiality of databases, and create digital-based medical record management. The implementation of RME is expected to be evenly distributed across all health service facilities in Indonesia, including in first-level health service facilities in clinics or community health centers (Puskesmas). Of course, RME is related to electronic data matters, so it is important that the security of personal data is protected legally so that RME can be carried out properly without fear of personal data law violations. The problem is what the legal aspects of RME are, especially those that can protect the interests and personal data of patients in Indonesia. that the development of digital technology in society. The government needs to make efforts so that the digital transformation in health services such as medical records can be carried out electronically with the principles of security and confidentiality of data and information. Conclusion: It is necessary to implement good practices for health workers in implementing legal protection for patient data who receive health facility services throughout Indonesia.
-
Open Access
BATALNYA PUTUSAN BADAN ARBITRASE NASIONAL INDONESIA AKIBAT KETIDAKNETRALAN ARBITER
Abstract
Arbitration awards have a final and binding effect for the parties involved. However, under certain conditions, these awards can lose their enforceability due to formal defects in the decision. The East Jakarta District Court Decision Number 524/Pdt.Sus-Arb-2023/PN Jkt.Tim annulled the BANI Arbitration Award Number 45055/VII/ARB-BANI/2022 because one of the arbitrators was allegedly concealing the existence of a conflict of interest between the arbitrator and the legal counsel of one of the parties, which could affect the arbitrator’s neutrality in examining and adjudicating the case at BANI. This study is a normative legal research using a statutory and case approach. The results show that legal efforts made by PT HK Realtindo as the aggrieved party included filing a petition to annul the arbitration award in court based on Article 70 in conjunction with Article 72 paragraph (1) of the Arbitration Law. The petition to annul the arbitration award was granted through a court decision with the key legal consideration being that the arbitration award was obtained through deceit conducted by arbitrator Jelly Nasseri together with legal counsel Lena and others. Meanwhile, BANI’s response to the annulment petition was to assert that the arbitration proceedings at BANI applied the 2022 BANI Rules and Procedures as the applicable and binding procedural law for the parties, thus overriding Articles 70 through 72 of the Arbitration Law based on the legal principle of lex specialis derogate legi generali. Ultimately, the East Jakarta District Court annulled the BANI arbitration award, and BANI pursued legal remedies by filing a cassation petition to the Supreme Court based on Article 72 paragraph (4) of the Arbitration Law. Subsequently, the Supreme Court, through Decision Number 665 B/Pdt.Sus-Arbt/2024, affirmed the District Court’s decision.
-
Open Access
BATASAN PEMIDANAAN PELAKU TINDAK PIDANA KORUPSI DALAM MENGEMBALIKAN KERUGIAN NEGARA
Abstract
Criminalization is an important element in criminal law, as a guideline and complement to criminal law, where the process of investigation, prosecution, and even verdict in court cannot be separated from criinalization itself. According to practical reason, every crime must be followed by a punishment. According to practical reason, following a crime that was previously committed, imposing the punishment is something that is demanded by ethical justice. According to the modern view, specific prevention as the aim of criminal law the main target to be achieved. Because the purpose of punishment here is directed towards the development or care of the convict, which means that with this punishment he must be developed in such a way that after completing high sentence he becomes a better person than before he received the punishment.
-
Open Access
TANGGUNG JAWAB KEWAJIBAN HUKUM PERUSAHAAN UNTUK PERUBAHAN IKLIM BERDASARKAN PERJANJIAN INTERNASIONAL DAN REGULASI NASIONAL
Abstract
Global climate change has become a central issue in international and national legal discourse. The coal mining industry, particularly PT Bukit Asam Tbk (PTBA), plays a crucial role in climate change mitigation and adaptation. The Paris Agreement and Law Number 16 of 2016 mandate attainments to diminish greenhouse gas (GHG) emissions. A difference exists between the stated legal mandates and their actual execution in practice. This research aim determine PTBA's legal responsibilities in climate change mitigation and adaptation based on international agreements and national regulations. The research employs a normative juridical method with a descriptive analytical approach. Secondary data were collected through literature studies on international agreements, laws and regulations, PTBA's sustainability reports, and related literature. The results show that PTBA has a legal obligation supporting to climate change in reduction and adaptation. PTBA has made various efforts, such as reducing GHG emissions, reporting on environmental performance, and implementing Corporate Social Responsibility (CSR) programs. However, there are several hindering factors, such as limitations in resources and technology. The effectiveness of legal mechanisms in ensuring PTBA's compliance also needs to be improved. This research provides policy recommendations for PTBA, the government, and stakeholders in climate change mitigation and adaptation.
-
Open Access
URGENSI PENYELESAIAN PERMASALAHAN HUMANTRAFFICKING TRANSNEGARA SEBAGAI UPAYA PENEGAKANHUKUM DAN PERLINDUNGAN KORBAN HUMAN TRAFFICKING
Abstract
Human Trafficking is a criminal act that has the potential to be committed across national borders. This makes the issue of which country has the authority to punish suspects of Human Trafficking difficult because of the overlap between the principles of territoriality and the principle of personality in criminal law. International law should have an active role in answering issues that cannot be resolved independently by countries alone without international legal instruments. Criminal law clearly recognizes that there is a universal principle for enforcing criminal law. The recognition and need for international law then creates an urgency for the creation of an international organization that specifically focuses on eradicating Human Trafficking. This need is part of the role of international law that equalizes the position of countries so that there is no egocentrism regarding the punishment of suspects of Human Trafficking which is dualistic.
-
Open Access
KAJIAN YURIDIS SOSIOLOGI HUKUM TERHADAP SUATU TINDAK PIDANA PEMBUNUHAN
Abstract
Basically, the presence of Criminal Legal Protection in the community is intended to provide a sense of security to individuals and community groups in carrying out their daily activities. The sense of security that is meant in this case is a feeling of calm, without any fear of threats or actions that can harm individuals in society. The losses referred to are not only related to losses as we understand losses in civil terms but also include losses to body and soul. The body in this case includes the body which is also related to one's soul, the soul in this case includes feelings or psychological states. So in a sense there are several factors or a theory that made the perpetrators of the murder commit their crimes, including; Provide an explanation that Murder is a Criminal Act and also an unlawful act and can take someone's life.
-
Open Access
ANALISIS YURISPRUDENSI GUGATAN DAN PELANGGARAN HUKUM KERUSAKAN LINGKUNGAN OLEH KEGIATAN PERTAMBANGAN
Abstract
Legal disputes concerning environmental damage from mining activities pose a crucial challenge to environmental law enforcement in Indonesia, often involving large corporations and government oversight bodies. A significant case involves LSM Lestari's lawsuit against PT Bukit Asam (PTBA) and the Ministry of Energy and Mineral Resources (Kemen ESDM) regarding coal mining impacts in Lahat, South Sumatra, culminating in Supreme Court Decision No. 5246 K/PDT/2024. This paper aims to analyze the Supreme Court's legal reasoning (ratio decidendi) in this decision, specifically examining its construction of PTBA's unlawful environmental acts, the legal basis for ordering environmental restoration and imposing penalty payments (dwangsom), and its determination of Kemen ESDM's supervisory role. The research employs a normative legal methodology, primarily using a case law analysis approach focused on the Supreme Court decision, supplemented by a statute approach reviewing relevant environmental and mining legislation. The findings reveal the Court affirmed PTBA committed unlawful acts violating the Civil Code and environmental laws (UU PPLH), mandating restoration and dwangsom accordingly. The ruling also obligated Kemen ESDM oversight, reinforcing governmental accountability. This decision strengthens environmental jurisprudence and NGO legal standing, despite potential enforcement challenges.
-
Open Access
ANALISIS TERHADAP EKSEKUSI DALAM PUTUSAN SERTA MERTA (UITVOERBAAR BIJ VOORRAAD)
Abstract
This study aims to determine the requirements for the implementation of a decision that can be implemented in advance/immediately (uitvoerbaar bij voorraad) and to find out about the execution of a decision that can be implemented in advance/immediately not accepted by the losing party. By using the normative research method, the following conclusions can be drawn: 1. The requirements in the decision immediately authorize the District Court to determine in the final decision (as stated in the HIR or RBg.) by paying attention to the Circular of the Supreme Court according to which the final decision can be implemented in advance (immediately) even though there is a denial or appeal. The requirements through Decision Number 04/Pdt.G/2023/PN.Mdo regarding the granting of the immediate decision are the implementation of the execution first against the object of the dispute even though there are legal remedies, ordering or punishing the defendant to vacate the object of the dispute if the defendant does not voluntarily leave the object of the land dispute. The emergence of legal certainty regarding the rights of ownership and control over the disputed land and the creation of justice for the Plaintiff. That this is in accordance with the purpose of the law, namely that the law must be able to create justice, certainty and benefits for all people without exception. 2. Execution of the decision immediately if it is not accepted by the losing party, then through the applicant for execution if the decision is not implemented, it will be carried out by coercive measures by legal force. The coercive measures are carried out based on a letter of determination of recovery issued by the Head of the District Court.
-
Open Access
ANTARA MASA ORDE BARU DAN MASA REFORMASI DALAM PERKEMBANGAN HUKUM TERHADAP PERLINDUNGAN PEREMPUAN
Abstract
In the International Human Rights Agreement prohibiting discrimination against women has been ratified by 169 countries (Universal Declaration of Human Rights). Article 1 paragraph (3) and the 1945 Constitution, which reads "(3) The State of Indonesia is a state of law" which means an ideal home for human rights where only in this rechtsstaat there is a guarantee of human rights such as judicial independence, fair legal process, judicial review. The problem of how the law developed regarding the protection of women between the New Order and the reform era, then by conducting normative legal research where the approach used is legislation, the results obtained that on a scale of 1-10 there are aspects of respect, protection and fulfillment of human rights only at 5.40% as well as the right to be free from torture which is at 5.02% where both variables are certainly a reflection of the protection of women's rights themselves. In addition, the Legal State Index surveyed by the World Justice Project from 2015-2023 means that after the reform era it tends to stagnate regarding the increase in its democracy rate. At the process level, discriminatory practices still occur widely, the main cause being the economic and social status of those seeking justice. Although the courts are considered relatively responsive to women as victims of violence. However, access to the community is still narrow.
-
Open Access
PANCASILA SEBAGAI GRUNDNORM MENURUT TEORI HUKUM MURNI HANS KELSEN DAN TEORI HUKUM RESPONSIF OLEH PHILIPPE NONET DAN PHILIP SELZNICK
Abstract
This study discusses the role of the state foundation, responsive legal theory, and the philosophical values of Pancasila in developing a relevant and quality legal system. Using a qualitative approach, this study synthesizes Hans Kelsen's "grundnorm" theory and Philippe Nonet's and Philip Selznick's responsive legal concepts. Kelsen emphasized the importance of a stable legal hierarchy for legal legitimacy, while responsive legal theory highlights the flexibility of law in dealing with social dynamics. The results of the study indicate that Pancasila functions as a "grundnorm" in the Indonesian legal system, providing a moral, cultural, and philosophical basis for creating justice and prosperity. The integration of Pancasila values with a structural and responsive approach produces an inclusive, adaptive, and sustainable legal system. It can be concluded that the combination of the state foundation, responsive law, and philosophical values allows for a legal system that is responsive to social change without losing its legitimacy and basic principles.