SIGn Jurnal Hukum

Annulment of a Preliminary Sales Agreement due to Formal Defect Through Reconvention: A Case Study of Decision Number 1263/Pdt.G/2023/PN Dps

2025-04-10T04:02:32+00:00

Legally defective preliminary sales agreements frequently trigger complex land ownership disputes. This research analyzes the legal reasoning (ratio decidendi) of the Panel of Judges concerning the annulment of a preliminary sales agreement due to formal defect through reconvention, utilizing Decision Number 1263/Pdt.G/2023/PN Dps as a case study, and examines the strategic function of reconvention in achieving legal certainty. Employing a normative legal research method through a case study approach and qualitative analysis of the decision data, it was found that the Panel of Judges annulled Deed of Agreement Number 18 based on the absence of valid consent (Article 1320 of the Civil Code), resulting from fictitious factual representation concerning the presence of a party. Additionally, the Deed of Power of Attorney Number 19 was declared null as it contained a formal defect related to the inaccuracy of the appearing party’s address data, violating the provisions of Article 38 section (3) point (a) of Law Number 2 of 2014. These analysis results affirm that reconvention proved an effective procedural law instrument for uncovering and proving legal defects in deeds, obtaining a definitive annulment judgment (nietigverklaring), and contributing to the comprehensive resolution of land ownership disputes. It is concluded that fulfilling requirements for a valid agreement and the formalities of authentic deeds are crucial in land transactions, and reconvention plays an important role in protecting landowner rights and enforcing agrarian legal certainty.

Denial of an Application for Annulment of a Deed of Sale Due to Subjective Defect: A Case Study of Decision Number 32/Pdt.G/2019/PN Kpn

2025-04-10T04:02:32+00:00

Disputes concerning the validity of a deed of sale due to alleged subjective requirement defects constitute a significant problem within agrarian and contract law. This research aims to analyze the legal reasoning (ratio decidendi) of the Panel of Judges in Decision Number 32/Pdt.G/2019/PN Kpn, which denied the application for the annulment of Deed of Sale Number 302/Kec.Bululawang/1993, despite allegations of a subjective defect arising from the seller having passed away before the deed was executed. Employing a normative legal research method integrating case study, statute, and conceptual approaches, a qualitative analysis was conducted on the said decision. The analysis results indicate that the Panel of Judges’ denial was not based on a direct examination of the Deed of Sale Number 302/Kec.Bululawang/1993 due to the subjective defect under Article 1320 of the Civil Code. Instead, the dominant ratio decidendi rested upon the validation of the Sale Agreement under seal dated 5 July 1983 and the application of the doctrines of prescription and rechtsverwerking resulting from over 30 years of good faith physical possession. It is concluded that Decision Number 32/Pdt.G/2019/PN Kpn affirmed Defendant 1’s ownership through the mechanism of lapse of time while prioritizing pragmatic legal certainty, although leaving juridical ambiguity regarding the status of Deed of Sale Number 302/Kec.Bululawang/1993 indicates a judicial tendency to prioritize the substance of long-term possession over formal defects in deeds within belatedly filed disputes.

The Effectiveness of Law Enforcement Regarding the Criminal Offense of Receiving Stolen Laptops in Makassar City

2025-04-18T16:40:19+00:00

The persistent criminal offense of receiving stolen laptops poses a significant challenge to the criminal justice system in Indonesia. This study aims to analyze the effectiveness of law enforcement against this offence in Makassar City and comprehensively identify and analyze the factors that influence it. The method employed is empirical legal research conducted in Makassar City, involving primary data collection through administering questionnaires to 25 respondents and in-depth interviews with key informants, supplemented by secondary data from a documentary study. Data analysis integrates descriptive quantitative and interpretive qualitative approaches guided by the theoretical framework of legal effectiveness. The primary results of the study convergently indicate that the effectiveness of law enforcement regarding the criminal offense of receiving stolen laptops in Makassar City is generally assessed as less effective, as reflected in the majority perception of respondents and qualitative indicators such as the persistence of perpetrators and the weak deterrent effect of criminal sanctions. Factor analysis identifies several significant determinants contributing to this condition, including limited preventive capacity within the legal structure, low public legal awareness and caution in second-hand goods transactions, the presence of substantial operational constraints in the investigation process, and the dynamics of cooperation between perpetrators of theft and receivers which strengthen criminal resilience. It is concluded that the low effectiveness of law enforcement is the result of the complex interaction of these structural, cultural, operational, and criminal environment factors.

Proving Securities Trading Fraud in Capital Market Crimes

2025-04-20T02:10:32+00:00

The criminal offense of securities trading fraud seriously threatens the integrity of the Indonesian capital market. Nevertheless, its proof within the realm of criminal law faces significant constraints. This research aims to analyze the normative evidentiary model for securities trading fraud, identify the fundamental challenges in its implementation in Indonesia, and examine strategies to overcome these obstacles. This study utilizes a normative legal research method with statutory and conceptual approaches to scrutinize the legal framework and evidentiary practices. The analysis reveals that proof formally adheres to the theory of negative statutory proof (negatief wettelijke bewijstheorie) based on the Criminal Procedure Code, requiring a minimum of two valid pieces of evidence and an evidence-based judge’s conviction. Nevertheless, the implementation of this model is confronted by multidimensional challenges, encompassing the complexity of criminal schemes, information asymmetry, difficulties in proving criminal intent (mens rea), limitations in the regulatory framework and oversight effectiveness, and constraints in accessing crucial data. This study finds that effective strategies to address these barriers necessitate a combination of interventions in two domains: strengthening substantive regulations, particularly enforcing information disclosure obligations discipline by the FSA, and enhancing transparency and accountability at the corporate level through GCG implementation and shareholder rights protection. It is concluded that a significant gap exists between the normative evidentiary model and the reality of its practical enforcement, and the effectiveness of proving securities trading fraud heavily relies on the synergy between strengthening the formal legal framework and improving the corporate governance ecosystem.

Legal Implications of Government Default in the Ranggulalo Market Construction Contract: An Analysis of Decision Number 28/Pdt.G/2021/PN Dgl

2025-04-20T02:10:32+00:00

Government Default in Construction Contracts executed under assistance task projects raises questions concerning accountability and legal certainty, as exemplified by the Ranggulalo Market construction case. This study aims to analyze the legal implications of the Sigi Regency Government’s Default and to identify how legal accountability for the outstanding contract payment was determined based on Decision Number 28/Pdt.G/2021/PN Dgl. A normative legal research methodology utilized case, statutory, and conceptual approaches through qualitative analysis of the court decision, pertinent regulations, and secondary legal materials. The analysis reveals that the court determined the Defendant had committed Default and was responsible for paying the outstanding contract balance—acknowledging the involvement of the Co-Defendant—despite complexities concerning the Commitment-Making Official’s mandate, predicated on the binding civil law nature of the contractual relationship. The principal legal implications arising from this Default include the imposition of direct financial obligations on the government, the disruption of the fundamental principle of contractual equilibrium, diminished legal certainty for service providers, and the emergence of administrative and institutional consequences for the regional government involved. In conclusion, this judgment affirms government accountability in civil contracts and underscores the judiciary’s vital role in upholding the pacta sunt servanda principle. Concurrently, it highlights the urgent need to refine regulations concerning assistance tasks and strengthen contract governance within regional government environments.

The Panel of Judges’ Rationale for the Annulment of a Land Grant Deed Due to an Unlawful Act by the Inheritor: A Case Study of Decision Number 175/Pdt.G/2023/PN Kpn

2025-04-22T15:47:18+00:00

Disputes concerning the annulment of land grant deeds between Inheritors constitute a complex issue within civil and agrarian law, requiring an in-depth understanding of the rationale behind court decisions. This research aims to analyze the rationale of the Panel of Judges of the Kepanjen District Court in Decision Number 175/Pdt.G/2023/PN Kpn regarding the annulment of Grant Deed Number 167/KEP-35.10/IX/2020. Employing a normative legal research method with a case study approach, the qualitative analysis focused on the legal considerations (ratio decidendi) within the decision. The analysis results indicate the Panel of Judges’ rationale was primarily based on the assessment of evidence corroborating the Plaintiff’s pre-grant proper claim derived from an oral transaction, setting aside the formal strength of the authentic deed due to the Defendant’s absence of rebuttal evidence. The juridical annulment of the deed was grounded in the direct application of the Nemo dat quod non habet principle, referenced through Article 210 section (2) of the Compilation of Islamic Law because the Grantor was proven to have granted part of the object that was not his right. The qualification of unlawful act against the Defendant was determined as a logical consequence of this finding, albeit without in-depth elaboration of the elements, demonstrating pragmatic reasoning. In conclusion, the judicial rationale, in this case, tends to prioritize substantive justice over formal legal certainty, yet it raises discourse concerning evidentiary standards and potential issues of inheritance law coherence that remain unaddressed.

Implementation of the Media Conversion of Land Certificates to E-certificates by the Land Deed Making Official in South Tangerang City in Support of Agrarian Reform

2025-04-22T15:47:17+00:00

Modernizing land administration through e-certificates is imperative to strengthen Indonesia’s legal certainty of land rights. This research aims to analyze the factual implementation of the E-certificate media conversion mechanism by Land Deed Making Officials in South Tangerang City following the enactment of Ministerial Regulation Number 3 of 2023, examine the legal certainty of its product, and evaluate its contribution as a supporting instrument for Agrarian Reform. Employing an empirical legal approach with qualitative analysis through interviews and document study, this study finds that the initial implementation of media conversion by Land Deed Making Officials faced significant dynamics and operational challenges related to system and procedural readiness, requiring intensive adaptation. Nevertheless, e-certificates from media conversion possess a strong foundation of normative legal certainty and have gained widespread practical recognition, especially from the banking sector, as Electronic Mortgage Right collateral. Further evaluation indicates that this media conversion implementation factually supports modern Agrarian Reform’s objectives, primarily through enhancing the guarantee of legal certainty. However, early implementation barriers still constrain its full administrative efficiency and transparency potential. It is concluded that media conversion is a fundamental supporting instrument for Agrarian Reform in the digital era. However, realizing its optimal benefits requires system maturation and stakeholders’ continuous resolution of implementation challenges.

Phishing in the Banking Sector: Between Cybercrime and Consumer Protection

2025-04-26T00:35:46+00:00

The escalating utilization of electronic banking services corresponds with a heightened threat of cybercrime, particularly phishing, leading to significant financial losses for customers and eroding public trust in the digital banking system. This research aims to analyze the forms of legal protection available and the construction of banks’ civil liability, as well as to identify the legal remedies accessible to customers victimized by phishing under Law Number 8 of 1999. Employing a normative legal research methodology integrating statute and conceptual approaches, the study analyzed relevant legislation and legal doctrines. Findings indicate that banks bear specific legal obligations mandated by Financial Services Authority Regulations, Law Number 27 of 2022, and Law Number 8 of 1999, about the assurance of system and data security. Consequently, banks’ civil liability for phishing-induced losses can be established, primarily on the grounds of unlawful acts (tort), contingent upon proof of failure to discharge these specific duties involving fault or negligence. However, the practical determination of liability remains complex, invariably factoring in customer contributory negligence. Victims possess options including criminal reporting and general civil litigation, yet Law Number 8 of 1999 offers a more structured consumer dispute resolution pathway. This pathway encompasses mandatory internal complaints submitted to the bank, potentially followed by escalation to LAPS SJK as the principal forum for out-of-court settlement. The study concludes that while the legal framework establishes a basis for bank liability, the adequate protection of customers is heavily contingent upon evidentiary success in disputes and the optimized functioning of resolution mechanisms, particularly LAPS SJK.

The Annulment of a Grant Deed Due to Unlawful Act and Violation of Inheritance Law: A Case Study of Decision Number 85/Pdt.G/2021/PN Bdg

2025-04-26T00:35:46+00:00

The annulment of Grant Deeds due to unlawful acts by the Grantee within the context of an inheritance dispute raises complex legal issues concerning the conflict between the formality of deeds and the protection of free will. This research aims to analyze the basis of the Panel of Judges’ reasoning in finding unlawful acts by the child (Grantee) and annulling the Grant Deeds, as well as to analyze the forms of legal protection afforded to the Grantor in Decision Number 85/Pdt.G/2021/PN Bdg. The research method employed is normative legal research utilizing case study, statute, and conceptual approaches, with a qualitative descriptive-analytical analysis of the aforementioned decision. The analysis results indicate that the Panel of Judges annulled the Grant Deeds based on the non-fulfillment of the subjective requirement for a valid agreement according to Article 1320 of the Civil Code, namely the absence of free consent resulting from defects of consent (duress and abuse of circumstances) caused by the proven unlawful acts of the Defendant. The conflict between the grant mechanism and the principles of joint marital property according to Law Number 1 of 1974 and the rules of inheritance law further reinforced the basis for annulment. The manifestation of legal protection for the Plaintiff was effectively realized through the annulment of the deeds, which restored the autonomy of will, the order for restitution for the recovery of material losses, the affirmation of correct inheritance rights providing legal certainty, and the judicial declaration of unlawful act as a form of juridical recognition of the violation of the rights. This decision underscores the court’s priority on substantive justice and the protection of aggrieved parties in family grant disputes tainted by unlawful acts.

Local Economic Empowerment in Bencongan Indah Urban Village, Tangerang Regency: A Plastic Waste-to-Paving Block Management Enterprise

2025-04-28T07:17:18+00:00

Local economic empowerment represents both a crucial challenge and objective within the implementation of decentralization in Indonesia, demanding innovative regional-level solutions capable of integrating social, economic, and environmental aspects such as waste management. This qualitative case study research aims to analyze the implementation mechanisms and the role of multi-stakeholder collaboration in facilitating economic empowerment through an innovative plastic waste-to-paving block program in Bencongan Indah Urban Village. It also evaluates the program as a practical implementation of decentralization and a potential model for sustainable local development. Primary data were collected through direct observation of business activities and in-depth interviews with the Secretary of the Urban Village, supported by secondary data from documentary studies of regulations and online publications. Data analysis employed a descriptive qualitative approach through content and thematic analysis. Findings indicate that this program transforms plastic waste into an economic product via an observed operational mechanism involving MSMEs/the community, strongly supported by multi-stakeholder collaboration and the facilitation role of the Urban Village Government. The program’s implementation reflects local initiative within the regional autonomy framework and aligns with urban village and regency-level empowerment regulations. Although integrating sustainability pillars and attracting external attention, the program was identified as being in its early stages of development and facing resource and coordination challenges. It is concluded that the Bencongan Indah plastic paving block innovation constitutes a practice of decentralization implementation that facilitates economic empowerment through collaboration, offering a potential, integrative local development model whose sustainability and replicability, however, necessitate strategic management of implementation challenges.

The Politics of Law Regarding Capital Punishment and the Protection of the Right to Life in Indonesia: A Perspective from Law Number 1 of 2023

2025-05-14T14:27:25+00:00

The regulation of capital punishment within the Indonesian legal system presents a fundamental tension with the constitutional guarantee of the right to life. Law Number 1 of 2023 introduces a new formulation necessitating an in-depth analysis of its underlying policy background and inherent protection mechanisms. This research aims to analyze the legal policy underpinning the capital punishment provisions in Law Number 1 of 2023 and to identify and analyze the forms of protection for the right to life within its application mechanism. Utilizing a normative legal research method with statute and conceptual approaches, this study qualitatively and interpretively examines relevant primary and secondary legal materials. The analysis indicates that the legal policy on capital punishment in Law Number 1 of 2023 constitutes a compromise-based "middle path policy" between retentionist views and the strengthening of human rights norms, retaining the sanction as a last resort (ultimum remedium) with a mandatory 10-year probationary mechanism. The primary form of protection for the convict's right to life manifests through this conditional mechanism, which normatively provides execution postponement and opens the possibility of commutation. Nevertheless, the effectiveness of this protection is limited by potential subjectivity in the commutation evaluation criteria and discretionary elements in its implementation. It is concluded that Law Number 1 of 2023 represents a new direction providing stronger procedural guarantees for the right to life of death row inmates compared to the previous law, yet substantive protection remains conditional and non-absolute, reflecting the ongoing dilemma between law enforcement and human rights in Indonesia.

Implementation of Capital Punishment in Indonesia Based on Humanity, Ethics, and Morality Aspects: A Utilitarian Justice Perspective

2025-05-24T00:44:57+00:00

The implementation of capital punishment stipulated in Law Number 2/PNPS/1964 is clearly contrary to the second principle of Pancasila, the noble values enshrined in the 1945 Constitution, and the mandates of international conventions, thereby causing a legal antinomy or conflict of norms. This study employs normative legal research methods to identify legal rules, principles, and doctrines that address the legal issues encountered while utilising a legislative, conceptual, and comparative approach. Research results show the implementation of capital punishment policy should not be solely for the purpose of retribution but should also be based on humanitarian considerations, as stated in the second principle of Pancasila. For example, lethal injection is often considered more humane than other methods of execution. From a utilitarian perspective, this method is acceptable if it provides maximum benefit to society by reducing the suffering of the perpetrator (convicted person). Capital punishment by lethal injection, which has been used in several countries, including China, Thailand, and Vietnam, is considered more humane and upholds ethical and moral values, so lethal injection can be considered as an option for the method of capital punishment in Indonesia to replace the method of execution by firing squad.

Assessing Consumer Protection in Indonesia’s Cooking Oil Market: Lessons from the Minyakita Case

2025-05-30T07:06:21+00:00

The Minyakita case in Indonesia highlights the vulnerable position of consumers vis-à-vis business actors, particularly concerning the accuracy and reliability of product labeling. This issue underscores the ongoing risks consumers face in accessing goods conforming to package labels’ quality and standards. This research aims to analyze legal violations in the Minyakita case, specifically those related to misleading or non-compliant labeling practices, and to examine systemic weaknesses in the regulatory oversight of cooking oil distribution in the Indonesian market. Furthermore, this study compares Indonesia’s regulatory framework with Japan’s, especially regarding product labeling standards and the oversight of essential goods. The research explores loopholes and law enforcement challenges within Indonesia’s existing consumer protection framework, particularly concerning using state-owned brands and distributing public goods. It also presents a comparative analysis of Japan’s consumer protection regime, highlighting Japan’s stronger institutional oversight, crisis response mechanisms, and market discipline. Findings indicate that although Indonesia has a comprehensive legal foundation for consumer protection, its regulatory enforcement and institutional coordination remain weak. This research concludes by offering five policy recommendations to enhance transparency, public accountability, and consumer empowerment, fostering a fairer and more resilient essential commodities distribution system.

The Role of the PKK of Medan City to Preventing Domestic Violence in Perspective of Law Number 23 of 2004

2025-07-07T12:00:09+00:00

The high incidence of domestic violence in Medan City indicates a gap between the legal protection framework and the implementation of prevention at the grassroots level. This study aims to analyze the form and implementation of the role of the Family Welfare Empowerment Mobilization Team in domestic violence prevention according to Law Number 23 of 2004 and to identify the determining factors that influence its effectiveness. This empirical legal research utilizes a qualitative approach with a case study design focusing on the Medan City Family Welfare Empowerment Mobilization Team. Data were collected through in-depth interviews with key informants and document studies and analyzed using an interactive analysis model. The findings indicate that the role of Family Welfare Empowerment is paradoxical: while aligned with the preventive spirit of Law Number 23 of 2004, its implementation in the field tends to be based on the maintenance of social harmony rather than the protection of victims’ juridical rights. The effectiveness of this role is determined by a dialectic between its social capital and grassroots network as primary supporting factors, which confront the hegemony of patriarchal culture, limitations in authority, and the complexity of victims’ dilemmas as dominant hindering factors. It is concluded that Family Welfare Empowerment is a vital yet limited preventive partner whose potential can only be optimized through systemic policy support to strengthen its cadres’ legal and intervention capacities.

The Complexities of Illegal Athlete Transfers: A Challenge to the Integrity of Regional–National Championships and the Implementation of Law Number 11 of 2022

2025-07-12T09:57:17+00:00

The practice of illegal athlete transfers is a latent problem that fundamentally threatens the integrity of competition and the sports development system in Indonesia. Despite the enactment of Law Number 11 of 2022, this practice persists due to the complexity of the issue, which has not been fully unraveled. This study aims to deconstruct the systemic pathology of illegal athlete transfers by analyzing the interconnection of the juridical, institutional, and socio-political factors that perpetuate it. Employing a socio-legal research method with a qualitative approach, this study examines statutory regulations, academic literature, and relevant case studies to investigate the topic. The findings indicate that the practice of illegal transfers is a symptom of three main pillars of weakness. First, regulatory fragmentation results from the conflict between national law and lex sportiva. Second, the dysfunction of oversight institutions and the absence of a centralized data infrastructure. Third, the functional paralysis of Law Number 11 of 2022 is due to the absence of specific and comprehensive implementing regulations governing inter-regional athlete transfer mechanisms. These weaknesses are actively exploited by a culture of politicization and patronage entrenched in sports governance. It is concluded that piecemeal reforms will not be effective. A comprehensive reform roadmap is required, encompassing regulatory harmonization, institutional strengthening, depoliticization, and the enhancement of legal literacy to build a sports ecosystem founded on integrity and accountability.

Occupation of State Land by Residents in Kampung Baru Harjamukti Depok: A Study of Legal Certainty and Social Justice

2025-07-12T19:39:36+00:00

The occupation of state land in urban Indonesia often generates complex conflicts between residents’ needs and the demands of formal legality, with implications for legal certainty and social justice. This study comprehensively analyzes the occupation of state land by residents in Kampung Baru Harjamukti, Depok, to examine the attendant problem of legal certainty, identify its implications for the realization of social justice for residents, and evaluate land governance in order to formulate an integrative solution model. Utilizing a normative legal research method that incorporates statute, conceptual, and limited case approaches, this study examines primary, secondary, and tertiary legal materials. It finds that thousands of residents have occupied state land without a valid title since the 1990s, a situation driven by informal transactions and complicated by a historical land legacy. Key findings indicate that this ambiguous legal status directly causes 4,800 residents, including 1,800 individuals without official residency documents, to lose access to essential public services and experience systemic marginalization, reflecting a social justice deficit. Furthermore, the study identifies weak inter-agency coordination and the ineffective exercise of governmental authority in conflict management. It is concluded that the agrarian conflict in Kampung Baru is a multidimensional crisis that demands an integrated solution—encompassing comprehensive land data collection, legalization of residents’ identity, and participatory cross-agency mediation—to sustainably achieve both legal certainty and social justice.

The Position of Daughters in Sunni and Shia Inheritance Law: A Study of Justice and Implementation in West Nusa Tenggara

2025-07-18T12:42:51+00:00

Islamic inheritance law constitutes a paradigmatic arena of debate concerning gender justice. This debate primarily concerns the position of daughters, which differs fundamentally between the Sunni and Shia schools of thought. This study has three objectives: first, to comparatively analyze the position of daughters in the legal constructions of Sunni and Shia inheritance law; second, to map the implementation of this law within the landscape of legal pluralism in West Nusa Tenggara; and third, to evaluate the materialization of gender justice in prevailing practices. This study employs a mixed-methods design with a sequential explanatory strategy. It combines doctrinal analysis of primary jurisprudential texts, an examination of court decisions, in-depth interviews with judges and customary leaders, and a survey of 150 heads of households in three representative locations in West Nusa Tenggara. The results reveal three layers of conflict. First, a philosophical conflict between the principles of ‘aṣabah (Sunni) and qarābah (Shia). Second, a variation in implementation at the judicial level, ranging from rigid-formalistic to adaptive-collaborative, which is heavily influenced by the hegemony of patriarchal customary law. Third, a quantitatively measured gender justice deficit caused by the interaction among the formalism of state law (the Compilation of Islamic Law), the dominance of patriarchal culture, and low gender literacy. It is concluded that gender injustice in inheritance practices in West Nusa Tenggara is structural. This problem cannot be resolved merely through the reform of legal texts but requires a holistic approach that includes critical education and the strengthening of substantive justice mechanisms.

Refusal of Cash Payments in Transactions: The Sharia Economic Law Review on Business Practices at Mulia Coffeenary

2025-07-18T21:53:31+00:00

Digital payment innovations have prompted business actors to implement exclusive non-cash transaction policies. However, this practice raises significant juridical and ethical problems. This research aims to critically analyze the policy of cash payment refusal through a case study at Mulia Coffeenary. The study employs an empirical legal research method, anchored by a primary review from the perspective of Sharia Economic Law. The results of the analysis indicate that this policy conflicts with the mandate of Rupiah sovereignty as outlined in Law Number 7 of 2011. Furthermore, the practice infringes upon the consumer’s right to choose, which is guaranteed by Law Number 8 of 1999. From a sharia review, the practice is found to be inconsistent with the principle of mutual consent (‘an tarāḍin minkum) in contracts and the legal maxim prohibiting harm (lā ḍarar wa lā ḍirār) to specific segments of society. It is concluded that the business rationale of efficiency and security cannot justify disregarding legal norms and transactional ethics. Therefore, this study recommends a model of coexistence between cash and digital payments to ensure broader financial inclusion and justice.

A Legal Analysis of Justice in the Fiqh Siyasah Perspective on the Additional Voters List Regarding the Double Voter Case in the 2020 Labuhanbatu Regent Election Dispute

2025-07-27T22:10:03+00:00

The 2020 Labuhanbatu Regent Election Dispute, culminating in a Constitutional Court Decision, highlights the crucial issue of voter roll integrity, particularly concerning the double voter within the Additional Voters List. This research aims to unravel the causal factors that trigger the occurrence of the double voter and to assess the normative validity and integrity of the Additional Voters List from the perspective of fiqh siyasah. Employing a normative legal research method with a case approach, this study qualitatively analyzes Constitutional Court Decision Number 58/PHP.BUP-XIX/2021 and its related statutory regulations. The analysis finds that the phenomenon is rooted in a multi-layered problem. These factors range from procedural negligence by administrators at the technical level to the weak competence and integrity of human resources, as well as systemic weaknesses, including population data management and a lack of inter-agency coordination. It is concluded that from the fiqh siyasah perspective, the practice of the double voter is not merely an administrative violation. It constitutes a betrayal (khiyanah) of the public trust (amanah) that fundamentally undermines the principle of justice (‘adl) and corrupts the public good (maslahah al-’ammah), thereby nullifying the legitimacy of the electoral process.

The Judge’s Role in the Effectiveness of Anti-Corruption Enforcement in Indonesia: A Juridical Analysis

2025-07-30T17:34:55+00:00

The effectiveness of anti-corruption law enforcement in Indonesia is facing a severe legitimacy crisis. This condition is characterized by a paradox between a robust legal framework on paper and its inadequate implementation in practice, thereby eroding public trust. This research aims to critically analyze the central role of judges in determining this effectiveness, with an analytical focus on the problematic interpretation of legal norms and the systemic challenges that impede judicial performance. Through a normative legal approach fortified by a case study, this research employs qualitative content analysis to dissect the legal reasoning in two key 2024 decisions from the Corruption Crimes Court. The findings reveal a diametrically different legal treatment of defendants. On one hand, the court was capable of convicting an individual defendant (a rogue judge) through a procedural application of the law. On the other hand, the court acquitted five large corporations of all legal charges in a corruption case that resulted in significant state economic losses. This acquittal was based on the legalistic argument that the proven act did not constitute a criminal offense. This dualism confirms that law enforcement effectiveness remains sporadic, undermined by a disparity in the professional capacity of judges to interpret the element of “unlawful act,” particularly in complex corporate crimes. It is concluded that without systemic judicial reform to standardize legal interpretation and strengthen accountability, anti-corruption law enforcement will remain blunted when confronting powerful economic actors.

Justice Collaborator at a Legal Crossroads: An Analysis of the Tension between Substantive Justice and Legal Certainty

2025-07-31T09:06:15+00:00

This research examines the tension between substantive justice and legal certainty within the Indonesian criminal justice system, which arises from the legal ambiguity surrounding the Justice Collaborator. The case study focuses on the Justice Collaborator verdict in the premeditated murder case involving Irjen FS. Utilizing a normative juridical research method through statute, case, and conceptual approaches, this study aims to analyze how the legal vacuum regarding the Justice Collaborator in the Penal Code is addressed through judicial adaptation. The findings indicate that the Panel of Judges constructed a “parallel penal track” to grant a reward to Bharada E as the Justice Collaborator. This track refers to sectoral legal instruments such as Law Number 13 of 2006 and Supreme Court Circular Number 4 of 2011. Although this practice successfully realized substantive justice, it inherently creates a systemic implication in the form of tension between judicial discretion and the principle of legal certainty, a pillar of the civil law system. It is concluded that the absence of a codified norm for the Justice Collaborator potentially threatens the consistency and predictability of criminal law, which, if not promptly addressed through reform, could risk the systemic delegitimization of the criminal justice system in the future. Therefore, this research recommends the urgent need for a comprehensive codification of the Justice Collaborator doctrine into the Penal Code and Law Number 8 of 1981 to align the needs of law enforcement with the maintenance of the principle of legality.

Legislative Authority and Equal Partnership: A Juridical Analysis of the Role of Regional Houses of Representatives in Regional Regulation Making

2025-07-31T19:19:40+00:00

Although designed as equal partners, the relationship between the Regional House of Representatives and the regional head in the legislative function often lacks synergy, yielding problematic legal outcomes. This study aims to systematically analyze the legislative authority of the Regional House of Representatives throughout the entire cycle of Regional regulation-making. Additionally, this study examines the essential standing of the Regional House of Representatives in its relationship with the regional head. Employing a normative legal research method through the statute approach and the conceptual approach, this study analyzes relevant primary and secondary legal materials. The results indicate that the legislative authority of the Regional House of Representatives is comprehensively manifested in every stage of Regional Regulation-making. These stages begin with planning within the regional legislation program, extend to the formulation of the Academic Paper, joint deliberations, and conclude with enactment and promulgation, placing it as a non-subordinate authority holder. Furthermore, it is concluded that the standing of the Regional House of Representatives relative to the regional head is fundamentally that of an equal partnership. This stance is grounded in the principles of decentralization and balanced political legitimacy. This equal standing is concretely manifested through the execution of the tri-functional role of the Regional House of Representatives (legislative, budgetary, and oversight), which is supported by an effective mechanism of checks and balances. This article presents a juridical analysis framework for examining the critical points within the regional legislative cycle, providing a reference for institutional reform.

The Dialectic of Ishlah Principle: Contextualizing Reconciliation on the Dominant Factors of Divorce

2025-08-06T00:08:22+00:00

The uniform application of mediation in divorce cases in Indonesia has proven unevenly effective, particularly when confronted with conflicts that undermine the essence of marriage, the sacred covenant (mitsaqan ghalizhan), such as domestic violence. Addressing this problem, this study critically analyses the dialectic between the imperative of the Reconciliation principle (ishlah) and the heterogeneity of factors that cause divorce. Employing a normative-qualitative legal research method and an Islamic legal philosophy approach, this study operationalizes the framework of the higher objectives of shari’ah (maqasid al-shari’ah) as its primary analytical tool. The findings reveal an apparent dichotomy. Mediation holds potential for success in functional-relational conflicts, such as economic factors and persistent disputes (syiqaq). However, it proves ineffective and philosophically inappropriate in cases of fundamental violations like domestic violence and infidelity, as it contradicts the objective of the preservation of life (hifz al-nafs). This research concludes that the paradigm of success in mediation must be reconceptualized. It must shift from merely achieving a formal marital reunion (rujuk) to realizing an amicable divorce (tasrihun bi ihsan), wherein a peaceful agreement on post-divorce rights becomes the primary metric. Therefore, the development of conflict typology-based mediation guidelines is recommended to align legal practice with substantive justice.