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All Journal Jurnal Cita Hukum Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Legal Reasoning Jurnal Ilmu Hukum KYADIREN Mulawarman Law Review Jurnal Hukum Lex Generalis International Journal of Social Service and Research Pancasila: Jurnal Keindonesiaan Journal Evidence Of Law Ius Positum: Journal of Journal Of Law Theory And Law Enforcement PENA LAW: International Journal of Law Yuris: Journal of Court and Justice
Adnan Hamid
Fakultas Hukum, Universitas Pancasila
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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URGENSI NILAI-NILAI PANCASILA DALAM PENGATURAN TENTANG PEMASYARAKATAN Safitri, Myrna A.; Anggraeni, Ricca; Hamid, Adnan; Tridewiyanti, Kunthi
Pancasila: Jurnal Keindonesiaan Vol. 1 No. 2 (2021): VOLUME 1 ISSUE 2 OCTOBER 2021
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/pjk.v1i2.19

Abstract

Sebagaimana diatur dengan Undang-Undang Nomor 12 Tahun 1995, sistem pemasyarakatan di Indonesia telah mengubah konsep pemenjaraan pada era kolonial Belanda ke konsep pemasyarakatan. Perubahan konsep ini dimaksudkan untuk menerapkan program-program yang sifatnya menjerakan sekaligus merehabilitasi serta mereintegrasi narapidana secara sosial. Dengan demikian narapidana dapat kembali lagi menjadi warga masyarakat yang baik. Dalam praktiknya, tujuan ideal dari konsep pemasyarakatan ini tidak mudah terwujud. Persoalan-persoalan dalam pelaksanaan sistem pemasyarakatan ini sejatinya saling berkelindan, sehingga kebutuhan untuk mengubah Undang-Undang Nomor 12 Tahun 1995 menjadi penting. Dalam kaitan dengan rencana perubahan hukum itu maka penting pula mempelajari bagaimana sistem pemasyarakatan sesuai dengan nilai-nilai Pancasila dan bagaimana norma hukum baru yang akan dibentuk menguatkan nilai-nilai Pancasila. Dengan menggunakan metode penelitian doktrinal, penelitian ini menyimpulkan bahwa Undang-Undang Nomor 12 Tahun 1995 masih berisikan norma-norma yang belum lengkap atau tidak dirumuskan dengan jelas dan kuat terkait dengan beberapa sila Pancasila, seperti untuk meningkatkan rasa cinta tanah khususnya bagi narapidana terorisme dan separatisme. Pun studi ini menemukan bahwa nilai-nilai Pancasila dalam filsafat pemidanaan berkait dengan kemanusiaan, edukasi dan keadilan. Konsep keadilan bergeser dari keadilan retributif dan restitutif menjadi keadilan restoratif.
Discrepancies Between Legal Norms and Practices in the Protection of Notaries Santoso, Roni Joyo; Hamid, Adnan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.284

Abstract

This study examines the legal protection afforded to notaries in the execution of their official duties, particularly in the context of criminal legal proceedings. Utilizing a normative legal approach and detailed case analysis, the research reveals that the current legal protection mechanisms for notaries remain suboptimal, largely due to the inadequate enforcement of Article 66 of the Notary Law. The frequent criminalization of notaries is attributed to ambiguous distinctions between ethical breaches, administrative violations, and criminal offenses. Although the Notary Honorary Council (MKN) is designated to serve as an initial filter in such matters, its role is frequently overlooked by law enforcement agencies. This study advocates for the strengthening of the MKN’s authority, the development of integrated procedural guidelines, and the harmonization of relevant laws and regulations to ensure more effective and equitable legal protection for notaries. The findings aim to inform future legal reforms focused on safeguarding the integrity of the notary profession.
Utilization of Artificial Intelligence in Drafting Judges' Decisions in Commercial Courts Widhayaka, Unggul Wibawa; Hamid, Adnan; Retnaningsih, Sonyendah
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.46677

Abstract

Artificial intelligence (AI) is experiencing rapid development due to advances in communication and information technology. AI is designed to create computer systems that can mimic human intellectual capabilities. Optimizing the increasingly widespread use of AI to meet societal needs has also penetrated the legal world. AI plays a significant role in the judicial process, given the increasing burden of trials and efforts to achieve speedy, simple, and low-cost justice. In line with its rapid development, it is necessary to ascertain the legal standing of AI and its role in formulating judicial decisions in courts, particularly in commercial courts. The research in this article uses a normative approach, examining applicable legal norms through dogmatic or doctrinal research. The research approach is conceptual. A literature review was conducted by analyzing previous research in the form of scientific articles, laws and regulations, and mass media related to the discussion. From this research, it can be concluded that the position of AI can be interpreted as that of a child and a parent, as subjects of civil law, who have control, as stipulated in the in loco parentis doctrine. With this doctrine, the use of artificial intelligence prioritizes human responsibility without limiting technological development. Commercial court judges apply straightforward evidentiary procedures, eliminating the need for artificial intelligence assistance in deciding bankruptcy cases. Artificial intelligence remains necessary in commercial courts, limited to the administrative scope of bankruptcy cases.
THE URGENCY OF FORMING A SPECIAL LAW FOR TAX CONSULTANTS AS A SUPPORTING PROFESSION FOR THE INDONESIAN FINANCIAL SECTOR: THE URGENCY OF FORMING A SPECIAL LAW FOR TAX CONSULTANTS AS A SUPPORTING PROFESSION FOR THE INDONESIAN FINANCIAL SECTOR Deswanta, Andi; Hamid, Adnan; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.235

Abstract

Tax consultants as supporting professionals in the financial sector play a strategic role in Indonesia’s taxation system, yet face fundamental legal uncertainty. This research analyzes the legal status of tax consultants in Indonesia’s taxation system and formulates a comprehensive legal protection concept for the profession. The research method employs a normative juridical approach with regulatory analysis and literature study. The findings reveal that the legal status of tax consultants experiences a paradox where the profession obtains formal recognition through the General Tax Law and Ministerial Regulations but faces serious legal vulnerabilities in practice. Tax consultants are trapped in a dual status as independent professionals and taxpayer representatives without adequate legal protection, unlike advocates and public accountants who already have legislative umbrella laws. Dependence on ministerial-level regulations creates legal uncertainty exacerbated by professional organization fragmentation and criminalization threats. The comprehensive legal protection concept requires systemic transformation through establishing specific legislation that integrates preventive and repressive dimensions. Concrete mechanisms include legal immunity based on good faith, consolidation of unified professional organizations, and establishment of independent ethics councils. Harmonization with international practices will enhance professional credibility and support tax revenue optimization through a professional taxation ecosystem.
Evaluation of the Implementation of Balance in Protecting the Rights of Entrepreneurs, and Workers in the Job Creation Law Post-the Constitutional Court Decision Number 168/PUU-XXI/2023: ASocio-Legal Study: Evaluation of the Implementation of Balance in Protecting the Rights of Entrepreneurs, and Workers in the Job Creation Law Post-the Constitutional Court Decision Number 168/PUU-XXI/2023: ASocio-Legal Study Hendriadi, Martin Triadmaja; Hamid, Adnan; Iriantoro, Agung; Komandoko, Kukuh
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.241

Abstract

This study aims to evaluate the implementation of the balance of protecting the rights of employers and workers in Law Number 6 of 2023 concerning the Stipulation of Government Regulation instead of Law Number 2 of 2022 concerning Job Creation into Law or the Job Creation Law (hereinafter referred to as Law 6/2023) post-the Constitutional Court or Mahkamah Konstusi (MK) Decision No. 168/PUU-XXI/2023: a socio-legal study. Literature studies were conducted as a basis for answering various problems in this study. Then, data processing was carried out qualitatively. The results of this study indicate that Law 6/2023, after the Constitutional Court Decision, underlines the importance of normative workers' rights, which have an impact on legal certainty and benefits for workers. Law 6/2023) after the Constitutional Court Decision tends not to affect entrepreneurs. The evaluation results of the implementation of the Job Creation Law after the Constitutional Court Decision indicate that the issue of protecting employers' rights is crucial. Therefore, Law 6/2023, after the Constitutional Court Decision, is expected to be amended not only to address the imbalance in workers' rights but also the rights of employers. Thus, the results of this study are expected to be used by the government and the legislature to form employment laws and ensure fair implementation of the balance between protecting entrepreneurs.' and workers' rights in Law 6/2023 after the Constitutional Court Decision by the constitution, Article 27 paragraph (2), Article 28D paragraph (2), and Article 33 of the 1945 Constitution.
STRENGTHENING THE REGULATORY FRAMEWORK AND SUPERVISION CONCEPT OF NOTARIES BY THE NOTARY SUPERVISORY COUNCIL IN BANKING ACTIVITIES IN INDONESIA: STRENGTHENING THE REGULATORY FRAMEWORK AND SUPERVISION CONCEPT OF NOTARIES BY THE NOTARY SUPERVISORY COUNCIL IN BANKING ACTIVITIES IN INDONESIA Nurhadi, Dedi; Surono, Agus; Hamid, Adnan; Suasoongnern, Sineenart
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.242

Abstract

Currently, the presence of a Notary is also required in the banking sector, where a Notary holds a central professional role by assisting both debtors and creditors in the preparation of principal agreements as well as collateral (accessory) agreements. Banks engaged in lending activities need the services of a Notary. The Notary profession is essential for institutions or companies acting as debtors in the process of obtaining bank credit. To fulfill their duties in the banking sector, Notaries must possess expertise and knowledge in the field of banking. Nowadays, Notaries are frequently found to be working in cooperation with banks or acting as bank partners, with such arrangements formalized in specific agreements. Notaries are often requested to draft credit agreements, in which most clauses are determined by the bank. The legal basis for the responsibilities carried out by a Notary is Article 16 paragraph (1) letter (a) of the Indonesian Law on Notary Office (UUJN), which requires a Notary to act with integrity, honesty, thoroughness, independence, impartiality, and to safeguard the interests of all parties involved in the legal act. A Notary’s independence must align with the principle of legal legality, so that in carrying out their duties, they are not influenced by any party or provide legal document services that favor one party over another. A Notary must uphold the principle of transparency, conduct examinations in accordance with the Notary Law and the Code of Ethics of the profession, and maintain independence and accountability for all information they provide. A potential issue faced by Notaries in the banking sector is the risk of a conflict of interest: on one hand, they must remain independent in performing their functions for the bank, while on the other hand, they receive professional fees from their clients and are bound to fulfill their professional responsibilities. Although Notaries are required to comply with the professional code of ethics and standards established by their professional association—and these must not contradict the Banking Law or its implementing regulations—the role and position of Notaries in banking require supervision by the Notary Supervisory Council. This is to ensure accountability in the Notary’s duties, as their actions may otherwise disadvantage the debtor or result in the preparation of incomplete or flawed deeds. Therefore, transparency in a Notary’s performance has become a matter of concern.
Protection of Advocates Immunity Rights in The Criminal Code: Between Legal Certainty and Justice Subri, Anderson; Hamid, Adnan; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1599

Abstract

The protection of advocates’ immunity rights is a fundamental aspect of ensuring their role as independent and equal law enforcers within the criminal justice system. In Indonesia, advocate immunity is regulated under Article 16 of Law No. 18 of 2003 on Advocates and was further interpreted by the Constitutional Court Decision No. 26/PUU-IX/2013 to extend beyond courtroom proceedings. However, the emergence of the Criminal Code (KUHP) raises new debates regarding the explicit recognition and operational guarantees of such rights. This study aims to analyze the normative position of advocate immunity in the KUHP and assess its implications for legal certainty and the pursuit of justice. Employing a normative legal approach and comparative analysis with other legal systems, the research finds that the current lack of clear and explicit provisions protecting advocates’ immunity in the KUHP is a notable deficiency. This legal gap may weaken the position of advocates and expose them to risks of criminalization in the performance of their professional duties. Therefore, this paper recommends a clearer normative formulation that ensures adequate protection for advocates while upholding a balanced realization of legal certainty and substantive justice in Indonesia’s criminal justice system.
The Transformation of State-Owned Enterprise Monopolies and Healthy Market Competition in Bulding Harmonization of Business Competition Law Joyo Santoso, Budi; Hamid, Adnan; Suasoongnern, Sineenart
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1608

Abstract

The 1945 Constitution, Article 33(2), establishes the state as the controller of important branches of production for the welfare of the people, but its implementation has continued to shift in line with political regime dynamics, from the command economy model of independence to the corporatization of state-owned enterprises (SOEs) under the New Order and the post-1998 crisis reforms that emphasized healthy competition. The latest debate has emerged from Law No. 1/2025 on SOEs, which grants the President discretionary monopoly powers through Government Regulations without competition impact assessments by the Competition Commission (KPPU), while Law No. 5/1999 requires SOE monopolies to be regulated by law and supervised by the KPPU. The main issue is the normative disharmony between executive monopoly rights and independent oversight mechanisms, which creates legal uncertainty, potential inefficiency, and rent-seeking risks. This study employs a normative-analytical legal approach with literature review and analysis of primary, secondary, and tertiary legal documents, integrating the statute approach and conceptual approach to unravel the relationship between the constitutional framework, monopoly policy, and the principle of fair competition. The findings indicate that Article 86M of Law 1/2025 expands executive discretion without adequate checks and balances, while Law 5/1999 provides a strict oversight framework through the KPPU. The discussion emphasizes the urgency of regulatory harmonization through systematic revision of Article 86M, including mandatory consultation with the KPPU, a sunset clause, and a competition impact assessment, as well as strengthening the independence and advisory role of the KPPU. The implementation of Good Corporate Governance, objective criteria for “national interest,” and periodic evaluation mechanisms will ensure that state-owned enterprise monopolies function in accordance with the objectives of the welfare state without undermining the competitive environment. A phased implementation model over 10 years recommends normative, institutional, operational, and democratic arrangements to achieve a balance between state intervention and sustainable market mechanisms.
Reformulating the Governance of Carbon Economic Value Based on Pancasila Ethics and Climate Justice to Address Inequality and Prevent Crimes in Indonesia’s Carbon Trading Soeharso, Silverius Y.; Surono, Agus; Hamid, Adnan; Rangsimanop, Phattharawadee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1707

Abstract

This article critically examines the urgency of reformulating the governance framework of Carbon Economic Value (CEV) in Indonesia by integrating the ethical principles of Pancasila as Indonesia’s national ideology and climate justice. The increasing risks of inequality, greenwashing, and transnational environmental crimes in voluntary and compliance carbon markets demand a just, adaptive, and integrity-based legal approach. By highlighting the current regulatory gaps and institutional weaknesses, this paper proposes a hybrid legal framework for carbon trading, anchored in Indonesia’s national ideology, environmental law, and behavioral economic approaches. The article concludes with specific policy recommendations and outlines a roadmap for legislative reform to ensure Indonesia's carbon governance is both globally competitive and locally just.
Notary Negligence and Legal Consequences in Unlisted Heirs Cases: Lessons from Tegal Court Simatupang, Alan Yohansyah; Hamid, Adnan; Deni, Fitra
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.337

Abstract

This study is motivated by the emergence of legal issues in notarial practice concerning the issuance of a Certificate of Inheritance Rights (SKHW) that fails to include all lawful heirs, potentially leading to disputes and diminishing public trust in the notarial profession. The objective of this research is to analyze the legal liability of notaries for such negligence based on the provisions of the Civil Code (KUHPerdata) and the Notary Law (UUJN), as well as to examine the legal consequences and validity of the deed through an analysis of the Tegal District Court Decision Number 9/Pdt.G/2021/PN.Tgl. The study employs a normative juridical method with statutory and case approaches. The findings reveal that an SKHW excluding certain heirs remains formally valid but is materially defective and may be annulled by a court ruling. It is concluded that notaries bear limited formal liability but are nonetheless obliged to uphold the principle of prudence to ensure the substantive truth of the deed.
Co-Authors Agung Iriantoro Agus Surono Akkapin, Supaphorn Benjamin, Irfan Darwin, Merah Deswanta, Andi Dwi Sasongko, Baried Fitra, Deni Hendriadi, Martin Triadmaja Husnawati, Arina Intan, Adilla Meytiara Irwansyah Irwansyah Joyo Santoso, Budi Komandoko, Kukuh Kunthi Tridewiyanti Musimin, Suyono Myrna A. Safitri, Myrna A. Myrna Asnawati Safitri Nurhadi, Dedi Rangsimanop, Phattharawadee Ricca Anggraeni Rini, Dian Puspito Samosir, Tetti Samosir, Tetty Santoso, Roni Joyo Silverius Y. Soeharso Simatupang, Alan Yohansyah Sonyendah Retnaningsih, Sonyendah Suasoongnern, Sineenart Subri, Anderson Widhayaka, Unggul Wibawa