Articles
<![CDATA[The Principle of Freedom of Contract in Commercial Agreements: Are Limitations Needed? ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Agustianto, Agustianto]]>
<![CDATA[ JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/juncto.v5i2.3353
<![CDATA[The principle of freedom of contract is one of the principles in an agreement where the parties can determine for themselves the form of the agreement that will be made. However, by implication, this principle reaps many injustices. One form of implementation of this principle is standard agreements made in the business world. Standard agreements are only made unilaterally so they have the potential to cause injustice. This research aims to analyze whether or not restrictions are necessary in the principle of freedom of contract. The research method used is normative juridical. The theoretical basis used is Economic Democracy Theory. The research results show that the principle of freedom of contract has resulted in a lot of injustice, for example, standard agreements are made in the business world for time efficiency but do not involve the parties in making them, so there are parties whose position is very weak in the agreement. This is not by the theory of economic democracy which should provide prosperity for all, not just certain parties. Therefore, it is necessary to limit the principle of freedom of contract.]]>
<![CDATA[Efektivitas Perlindungan Atas Upah Sebagai Hak Tenaga Kerja Outsourcing di Kota Batam ]]>
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Simatupang, Evlyn Grace]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v5i2.2920
<![CDATA[Outsourcing is a practice in the business world that has emerged since the late 80s and has become the main business strategy in a climate of increasingly fierce competition. Defined as a process of outsourcing or moving or buying up business activities to third parties, the main and foremost purpose of outsourcing is to save production costs. The purpose of this study is to determine the effectiveness of wage protection for outsourced labor rights in Batam and to find out how outsourced labor in practice in the field. This research uses empirical legal research methods using qualitative descriptive research types. The results of this study show that legal protection of wages as labor, especially the protection of the rights of outsourced labors in Batam, has not been optimal or effective. This is evidenced by the large number of outsourced labor workers who do not get their rights, especially not getting a decent salary. Outsourcing labor has created exploitative, discriminatory, degradative and fragmentative working conditions and is effective at weakening the power of trade unions. Such a situation needs to be corrected so that there is a balance between the interests of workers, employers and the government. The government is the main actor that must play a role in creating this balance. Regulatory factors in the form of laws and regulations made are very open to diversity of interpretations, very weak law enforcement, lack of quality and number of officers disnakertrans, unbalanced bargaining position of unions against employers. Another important condition that also causes labor losses is the lack of health insurance, work injury insurance, retirement insurance, old age insurance have not been established as tools to safeguard outsourced labors.]]>
<![CDATA[IMPLIKASI KEBIJAKAN RELAKSASI KREDIT OLEH OJK SELAMA PANDEMI COVID-19 DENGAN DAMPAK BAGI BANK ]]>
<![CDATA[Viviani, Olinda]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ Maleo Law Journal Vol. 6 No. 2 (2022): Oktober 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Palu ]]>
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DOI: 10.56338/mlj.v6i2.2316
<![CDATA[Early March 2020, there were more than 100,000 confirmed cases of the CoronavirusDisease 2019 (Covid-19) outbreak in 114 countries with a total death toll of more than 4,000cases. The development of the spread of COVID-19 has a direct or indirect impact on theperformance and capacity of Debtors, including Micro, Small, Medium Enterprises (MSMEs),in fulfilling credit or financing payment obligations, thus potentially disrupting bankingperformance and financial system stability which can affect economic growth. Therefore, toencourage the optimization of the banking intermediation function, maintain financial systemstability, and support economic growth, an economic stimulus policy is needed as acountercyclical impact of the spread of COVID-19. The policies implemented for thepandemic conditions had an impact on banks in their implications for bank performance. Theproblem approach used in this research is the legal approach (Statue Approach) examiningregulations or regulations related to the legal issues under study]]>
<![CDATA[Analysis of Article 433 of the Civil Code: Dilemma of Persons with Disabilities in Carrying Out Legal Acts ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Agustianto, Agustianto]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
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DOI: 10.31289/arbiter.v6i2.3593
<![CDATA[The provisions of Article 433 of the Civil Code contain phrases that violate the rights of people with disabilities, especially for people with non-permanent mental disabilities. Through this provision, people with permanent mental disabilities are prevented from carrying out legal actions. This research aims to analyze the skills of people with disabilities in carrying out legal actions and analyze the provisions of Article 433 of the Civil Code with the Constitution. The research method used is normative juridical. In formulating the answer to the problem, a juridical basis and a theoretical basis are used. The research results show that the provisions of Article 433 have discriminated against people with non-permanent mental disabilities and it has been declared through the Constitutional Court Decision that Article 433 is conditionally unconstitutional. The challenge is that the district court as an institution that has the authority to form pardons must be truly careful and careful in making decisions/decisions on requests for pardons. Therefore, it is necessary to evaluate the implementation of these institutions on an ongoing basis to ensure that people with disabilities receive protection for their rights as people with disabilities.]]>
<![CDATA[Aspects of Justice, Legal Certainty and Benefit in the Settlement of Patent Disputes ]]>
<![CDATA[Ritonga, Moehammad Mahastar]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Sudirman, Lu]]>
<![CDATA[ Batulis Civil Law Review Vol. 5 No. 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v5i3.2149
<![CDATA[Introduction: Patent rights are rights granted to individuals who have successfully created new inventions, where the rights and responsibilities of the inventor arise when the invention is registered in accordance with applicable regulations and protected by Law Number 13 of 2016 concerning patents. In the resolution of patent disputes, the regulations mandate the use of litigation remedies. Nonetheless, it is important to remember that mediation is an alternative dispute resolution before taking litigation steps, and is a win-win solution, but it is not a mandatory stage in the settlement of patent civil disputes. Of course, this is contrary to the implementation of the legal aspects which are not only justice, and legal certainty but also expediency.Purposes of the Research: This research aims to improve understanding of the implementation of the legal objectives aspect in patent dispute resolution in Indonesia.Methods of the Research: In this research, normative legal research methods were used. The data taken consists of primary legal materials and secondary legal materials.Results of the Research: The results of this study reveal a new perspective on the concept of justice, which was previously only seen as "right and wrong", to "risks and benefits". This is due to the principle of expediency that lies between the point of legal certainty and the point of justice.]]>
<![CDATA[Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi ]]>
<![CDATA[Ruska, Afdhal -]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11180
<![CDATA[This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.]]>
<![CDATA[Comparing Solar Energy Investment Policies: Legal Perspectives from Indonesia and Vietnam ]]>
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Nurlaily, Nurlaily]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ Nurani Vol 25 No 1 (2025): Nurani: jurnal kajian syari'ah dan masyarakat ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v25i1.26244
<![CDATA[Although Indonesia possesses significant potential for solar energy, it remains behind Vietnam, highlighting the critical need for policy and investment reforms to meet the increasing demand for renewable energy. This study aims to explores the normative issues within the Indonesian legal framework for investment and benchmarks it against Vietnam’s to assess the legal gap that may have hindered Indonesia’s progress in supporting solar technology investments. This study adopts a normative-empirical approach by integrating normative legal analysis of regulatory frameworks with the presentation and examination of empirical data. The empirical dimension of this research incorporates analysis of implementation outcomes, including renewable energy capacity data, carbon footprint measurements, and regulatory effectiveness indicators. The results of this study highlights normative inadequacies from Indonesia, with the lack of foundational normative support, followed by the lack of support in the form of complimentary regulations. Vietnam, on the other hand, has a significantly more developed framework to support investments in solar technology, serving as comparative evidence of the stark contrast between the country’s success and Indonesia’s ongoing challenges.]]>
<![CDATA[Population Growth: Challenges In The Fulfillment of The Right To Work ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Situmeang, Ampuan]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1316
<![CDATA[Introduction: Population growth has positive and negative impacts on a region. Batam city is a city with a fairly large population and Batam City must be able to fulfill its citizens' rights.Purposes of the Research: This study aims to analyze the fulfillment of the right to work and identify ways to control the rate of population growth to meet the need for jobs. Methods of the Research: The method used in this research is normative juridical. The study used is library research. The basis used in this study is the juridical basis which consists of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights and the theoretical basis used is the legal system theory of Lawrence Meir Friedman. Results of the Research: Based on the results of the study, it was found that the population growth in the Batam city is increasing and the Batam city has an obligation to fulfill the right to work for its residents. Therefore, Batam City must make a population grand design which also contains strategic plans for managing human resources and strategies for preparing jobs for its residents]]>
<![CDATA[Precarious Struggle to Criminalize Radicalization and Terrorism Doctrine Actions ]]>
<![CDATA[Tantimin, Tantimin]]>;
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Tan, David]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i2.4210
<![CDATA[Radicalism and terrorism are closely related as threats to peace and harmony, as bothare flawed manifestations of religious values and ideologies. The radicalization processcarried out by members of various terror organizations in Indonesia has not receivedmuch attention and hasn”™t been responded with concrete efforts to stop its spread asthe precursor to terrorism. The normative legal research method is used in this studyto analyze the positive elements and purposes of regulations related to the educationalsystem, free speech, and radicalism prevention in Indonesia. Findings of this studyillustrate the legal urgency in Indonesia to carry out normative construction regardingthe criminalization process of radicalization, as well as its limitations and obstacles,as part of the effort to prevent criminal acts of terrorism. As a point of prevention andresistance to the spread of radicalism and terrorism in Indonesia, this criminalizationprocess is juxtaposed with the existing education system.]]>
<![CDATA[Political Rights of Ex-Corruptors vis a vis Electoral Integrity in Indonesia ]]>
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Hotmaulana Hutauruk, Rufinus]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Jaya, Febri]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 1 (2025) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2025.v14.i01.p13
<![CDATA[This study investigates the normative inconsistency vis a vis the political rights of ex-corruption convicts and the principle of electoral integrity within the framework of Sustainable Development Goals (SDGs), particularly SDG 16, in Indonesia. The problem addressed centers on whether allowing individuals convicted of corruption to participate as election candidates aligns with democratic values and sustainable governance. While inclusivity is a key component of both democracy and SDG 16, this research critically examines the extent to which such inclusivity may conflict with the imperative of maintaining public trust and ethical standards in political leadership. Employing a normative legal research method supported by a statutory approach, the study analyzes Indonesian legal instruments. The research identifies a significant legal paradox: integrity is mandated for election officials but not for legislative or presidential candidates. This discrepancy raises critical questions regarding the consistency and credibility of Indonesia’s democratic processes. Findings indicate that allowing ex-corruption convicts to run for office undermines public confidence, hampers political regeneration, and dilutes the ethical foundation of electoral integrity. The analysis also reveals that an uncritical application of SDG 16 as a justification for political inclusivity may inadvertently legitimize impunity and erode democratic accountability. The study calls for urgent legal reforms to align candidacy requirements with broader democratic and developmental objectives. By reinforcing integrity as a universal qualification for public office, Indonesia can uphold the principles of justice, restore electoral legitimacy, and promote sustainable political development.]]>
