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All Journal IJOIS: Indonesian Journal of Islamic Studies Horizon: Indonesian Journal of Multidisciplinary Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Dewa Sukma Kelana
Universitas Pamulang
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Lembaga Bipartit Sebagai Mekanisme Pencegahan Konflik Industrial di Indonesia Dewa Sukma Kelana; Mudawaroh
HORIZON: Indonesian Journal of Multidisciplinary Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary
Publisher : Lembaga Intelektual Muda (LIM) Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/hijm.v4i3.5358

Abstract

Industrial conflicts remain a challenge in labor relations in Indonesia and require effective preventive mechanisms. Bipartite institutions are designed as forums for communication between employers and workers to prevent industrial disputes at the company level; however, their effectiveness in practice remains questionable. This study aims to analyze the role and effectiveness of Bipartite Institutions as a mechanism for preventing industrial conflicts and to identify the factors that influence their performance. The study employs a legal-empirical approach using qualitative methods. Data were collected through in-depth interviews with Bipartite Institution officials, company management, labor union representatives, and officials from the Department of Labor, supplemented by an analysis of relevant regulations and documents. The data analysis technique used is descriptive-analytical qualitative data analysis. The research findings indicate that the Bipartite Institution has not yet functioned optimally as an instrument for preventing industrial conflicts. Major constraints include weak management commitment, low capacity of the board members, minimal government oversight, and an imbalance in the relationship of interests that renders bipartite dialogue merely a formality. However, companies that consistently activate the Bipartite Institution tend to have lower levels of disputes. This study underscores the importance of strengthening the institutional framework and capacity of Bipartite Institutions to foster more harmonious and equitable industrial relations
Perlindungan Data Pribadi Konsumen dalam Transaksi E-Commerce: Perspektif Hukum Dagang dan UU Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi Mudawaroh Mudawaroh; Dewa Sukma Kelana; Basyarudin
HORIZON: Indonesian Journal of Multidisciplinary Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary
Publisher : Lembaga Intelektual Muda (LIM) Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/hijm.v4i3.5805

Abstract

The rapid growth of e-commerce transactions in Indonesia increases the risk of misuse of consumer personal data. This study aims to analyze personal data protection in e-commerce transactions from the perspective of commercial law and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), and to identify challenges in its implementation. The study uses a normative juridical method with a statutory regulatory, conceptual, and comparative study approach. Data were obtained through a documentary study of laws and regulations, scientific literature, journals, and related legal documents. Data analysis was conducted qualitatively through legal inventory, data classification, legal interpretation, and drawing conclusions. The results show that before the enactment of the PDP Law, personal data protection regulations in Indonesia were still sectoral and scattered across various regulations, thus not providing adequate legal certainty. The PDP Law strengthens personal data protection by regulating data subject rights, data controller obligations, data processing mechanisms, and administrative and criminal sanctions for violations. However, the implementation of the PDP Law still faces challenges in the form of harmonization of sectoral regulations, compliance monitoring, and regulation of cross-border data transfers. These findings indicate that the effectiveness of personal data protection in the e-commerce ecosystem is not only determined by the existence of regulations, but also by institutional readiness and oversight mechanisms.
Waris Lintas Negara: Problematika Dan Solusi Pembagian Harta Lintas Negara Dalam Perspektif Hukum Islam Dan Hukum Positif Dewa Sukma Kelana; Agus Gandara; Siah Khosyi’ah; Ahmad Fathonih
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 4 No. 1 (2026): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 4 Nomor 1 February - May 2
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v4i1.359

Abstract

The phenomenon of globalization has significantly increased the mobility of individuals and assets across national borders, giving rise to complex transnational inheritance cases. This article critically analyzes the problems and solutions of cross-border asset distribution from the perspectives of Islamic Law and Indonesian Positive Law. Using a normative juridical approach with comparative and conceptual methods, this study reveals that transnational inheritance is fraught with conflicts of laws, primarily due to the differing connecting factors in Private International Law, such as lex rei sitae, lex patriae, and lex domicilii. Furthermore, the fundamental differences between the rigid, divinely ordained shares in Islamic inheritance law and the testamentary freedom in Western civil law systems exacerbate legal uncertainty. The findings indicate that the absence of a comprehensive Private International Law codification in Indonesia and the territorial limitations of religious courts create significant hurdles in executing cross-border inheritance. To resolve these issues, this article proposes a dual-track solution: the strategic application of Private International Law principles through international wills, and the utilization of flexible Islamic legal mechanisms such as hibah (inter vivos gifts), wasiat wajibah (mandatory wills), and takharuj (compensatory withdrawal). These solutions aim to provide legal certainty and achieve substantive justice in transnational succession..
Legal Analysis of Family Maintenance in Labor Dynamics: A Review of Contemporary Family Law Dewa Sukma Kelana; Sahrul Hanafi; Beni Ahmad Saebani; Idzam Fautanu
IJoIS: Indonesian Journal of Islamic Studies Vol. 7 No. 1 (2026): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1480

Abstract

Transformations in the labor market and shifts in the family law paradigm have blurred the concept of spousal support, which remains rooted in the male breadwinner paradigm. This study analyzes the dynamics of spousal support rights and obligations in the context of modern employment and identifies gaps in policy and judicial responses. Using a normative legal method with a legislative, conceptual, and case-law analysis approach covering the 2020–2025 period, the data were examined qualitatively through the harmonization of legal norms and the extraction of the ratio decidendi. The results indicate: (1) the legal framework for spousal support has not yet internalized the principle of shared responsibility or recognized the economic value of domestic labor; (2) the fragmentation of jurisprudence between Religious Courts and Industrial Relations Courts (PHI) in addressing the income volatility of non-standard workers creates legal uncertainty; and (3) labor regulations remain individualistic and disregard household resilience. The concepts of a living wage and household-centered responsibility are operationalized as parameters for adjusting obligations based on real economic capacity, childcare time allocation, and dependency ratios. The novelty of this study lies in the integration of family and labor law through a household resilience framework. Policy reforms are urgently needed to prevent the feminization of poverty and to create a gender-just labor ecosystem.
Co-Authors Agus Gandara Ahmad Fathonih, Ahmad Basyarudin Basyarudin Idzam Fautanu Mudawaroh Mudawaroh Mudawaroh Saebani, Beni Ahmad Sahrul Hanafi Siah Khosyi’ah