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All Journal Media Hukum Indonesia (MHI)
Risa Dewi Oktaviani
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Law, Crime, Criminology & Criminal Justice

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The Function of Legislation in Ensuring Legal Certainty and Good Governance Firial Tiara Efriliani; Sandra Laudya Angelina; Risa Dewi Oktaviani; Muhammad Usman; Irsyaf Marsal
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17907331

Abstract

This paper examines the strategic role of legislation in supporting governance and shaping the structure of Indonesia's legal system based on the prevailing hierarchy. Regulations are understood as instruments that not only provide direction for government action but also set boundaries so that state power is not exercised arbitrarily. In addition, regulations serve to reinforce the relationship between the state and society, so that every citizen obtains legal certainty, which is the main basis for the protection of their rights. Using a literature review approach, this paper examines how harmoniously structured regulations can create sustainable legal stability. The analysis shows that the quality of regulations greatly affects the effectiveness of governance, as a poorly coordinated legal system often leads to policy disharmony, inefficient program implementation, and a decline in public trust. Therefore, understanding the function of regulations and their position in the legal hierarchy is important to ensure the creation of a solid rule of law. 
Analisis Putusan Perbuatan Melawan Hukum Perkara Nomor: 359/Pdt.G/2024/PN Jkt.Brt Firial Tiara Efriliani; Risa Dewi Oktaviani; Sulastri S
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17900933

Abstract

This study discusses how the principles of contract law are applied in civil disputes in Decision Number 359/Pdt.G/2024/PN West Jakarta. The conflict arose from a lease agreement between PT. Tropic World Paradise and Liauw Reolita, when the absence of a building permit (IMB/PBG) was considered to be hindering the tenant's business. A lawsuit was then filed based on Article 1365 of the Civil Code, involving the notary who drafted the lease agreement. The results of the study show that the allegation of unlawful acts was not proven. The judge ruled that the plaintiff had been aware of the condition of the building from the outset, that the agreement was valid, and that the notary had performed his duties in accordance with his authority. Conversely, the plaintiff was found to have committed an unlawful act by continuing to occupy the building after the lease period had ended. Finally, the lawsuit was dismissed and the counterclaim was granted. This finding emphasizes the importance of good faith, legal certainty, and clear evidence in determining the responsibilities of the parties in a lease agreement.
Co-Authors Firial Tiara Efriliani Firial Tiara Efriliani Irsyaf Marsal Muhammad Usman Sandra Laudya Angelina Sulastri S