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Legal Justice and Legal Accountability in Multi-Clause Franchise Disputes (Case Study: Saimen Sarolangun) Theodore P.Z.M.G.Sibarani; Mohammad Jamin
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2469

Abstract

Currently, the business world is rapidly growing, as evidenced by the increasing application of business development through franchise systems widely adopted by entrepreneurs in Indonesia. The economic development of society in this technological era has certainly undergone various changes, resulting in business relations becoming more accessible to everyone. Therefore, adequate legal protection is needed to minimize potential problems that may arise, aiming to ensure justice and legal certainty within society. This means that the development of the business world must be accompanied by strong and sufficient legal protection to support potential legal issues in the future. In other words, regulations that provide legal justice and effective dispute resolution methods are required, which will particularly impact the parties involved, especially those who suffer losses, along with clear legal accountability so that violators can be held responsible for their actions. This research is normative legal research with a conceptual approach, and the data collection techniques used include literature study and a case study on decision No. 25/Pdt.G/2022/PN Srl. The findings show that dispute resolution in the case was carried out through litigation efforts, proving that the defendant committed a breach of contract in a franchise agreement that had already been notarized. This indicates that the franchise agreement was drafted by the parties into a legal document with strong evidentiary value. The document clearly establishes the legal relationship between the parties regarding their rights and obligations, created to ensure legal justice and to prevent future disputes. Furthermore, legal accountability was addressed in the judgment’s ruling, which was considered sufficient to cover all losses suffered by the plaintiff.
Legal Analysis of Unlicensed Sand Mining Business Activities on Inherited Land Noer Azizah, Afellia Danty; Jamin, Mohammad; Maharani, Andina Elok Puri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8377

Abstract

This study aims to analyze the aspects of law and its impact on the environment, specifically in relation to the activity of mining sand that is conducted above land without official permission. Problems mainly occur in the study. This is how arrangement law affects activity mining, excavation in the ground, and the unexplored legacy​ , all of which require permission. This also impacts the environment created by the activity, as stated. Research this use method using a qualitative descriptive approach, incorporating interviews, field observations, and studies of literature, regulations, legislation, and related legal sources. Research results indicate that activity mining sand without permission contravenes Article 3 of Law Number 4 of 2009 concerning Mineral and Coal Mining, as every activity mining must obtain official permission in the form of an IUP or IPR. Activities categorized as illegal mining can result in charges of both administrative and criminal sanctions. From an environmental perspective, activities such as mining without permission cause various damages, including erosion, soil landslides, water pollution, damage to infrastructure and roads, and disturbance to the ecosystem of flora and fauna. Research confirms the importance of improving awareness of the law, community, and government supervision so that mining activities are conducted in accordance with the principles of sustainability and environmental protection, ensuring a healthy environment.
Implications of Uncertainty in the Status of Palilah Griya Pasiten Letter Holders in the Baluwarti Area Dipta, Pramandini Amara; Jamin, Mohammad; Najicha, Fatma Ulfatun
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8899

Abstract

This study analyzes the legal status of Palilah Griya Pasiten Letter in the Baluwarti area of Surakarta within Indonesia's national agrarian law framework. Surat Palilah, issued by the Surakarta Palace as an authorization to occupy and use palace land, has no clear position under the Basic Agrarian Law (UUPA), creating legal uncertainty, particularly in land registration and certification. This research applies normative legal methods, drawing on statutory, historical, and conceptual approaches, and is supported by empirical interviews as complementary data. The study examines the legal standing of Palilah land, available forms of legal protection, and obstacles in the registration process. The findings show that Palilah land cannot be certified as ownership or building use rights and may only be recognized as a Right of Use with Palace approval. The study contributes to agrarian law scholarship by clarifying the normative gap between traditional palace land governance and the national land law system and by providing a conceptual basis for strengthening legal protection within a pluralistic agrarian framework.
POLITIK PLURALISME HUKUM DALAM HUKUM UNDANG-UNDANG KEKUASAAN KEHAKIMAN : KAJIAN TERHADAP PENGAKUAN HUKUM TIDAK TERTULIS DALAM UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN Jamin, Mohammad
Yustisia Vol 1, No 2: August 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i2.10638

Abstract

AbstractIt is empirical fact in Indonesia not only has written  law which imposed by state power ( state law). Beside written law there is also unwritten law  which often called the non state law. Political of law to  uniting as one political unity and enforce the legal sentralism has disregarded the  fact of legal pluralism ( the political of ignorance). Political of law  of the Judicial Power Code  which imposed during the time does not clearly arrange the state recognation to unwritten law, even unwritten law is recognnized, but still very sumir and floating. Although  Code No. 48/2009 about Judicial Power adopt the politics of legal pluralism and recognizes the existence unwritten law, but it is still sham (weak legal pluralism), causing that in fact predominate the state law still happened and unwritten law only becoming complement to state law. Political forwards legal pluralism in   Judicial Power Code ideally is not made conditional. The   political legal  pluralism of Judicial Power Code must to adopt strong legal pluralism,  so can accommodate pluralism in society.