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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Rechtsidee Ganaya: Jurnal Ilmu Sosial dan Humaniora Owner : Riset dan Jurnal Akuntansi Res Judicata Fairness and Justice: Jurnal Ilmiah Ilmu Hukum Indonesian Journal of Law and Economics Review Indonesian Journal of Public Policy Review Proceedings of The ICECRS Procedia of Social Sciences and Humanities Borobudur Journal on Legal Services JKMP (Jurnal Kebijakan dan Manajemen Publik) Web of Scientist: International Scientific Research Journal ResearchJet Journal of Analysis and Inventions Journal Customary Law Indonesian Journal of Law and Justice Legalis : Journal of Law Review Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations Academia Open
Noor Fatimah Mediawati
Program Studi Hukum, Universitas Muhammadiyah Sidoarjo
Religion Arts Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Sanctions for Rejection of Covid-19 Vaccines seen from the Perspective of the Human Rights Act and the Health Quarantine Act: Sanksi Penolakan Vaksin Covid-19 dilihat dari Perspektif Undang-Undang Hak Asasi Manusia(HAM) dan Undang-Undang Kekarantinaan Kesehatan Mawa, Damai Yanti Zulfatal; Mediawati, Noor Fatimah; Phahlevy, Rifqi Ridlo; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 17 (2022): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1488.46 KB) | DOI: 10.21070/ijler.v15i0.772

Abstract

Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.
Exploring the Validity of International Geographical Indications for Indonesian Products: Menjajaki Keabsahan Indikasi Geografis Internasional untuk Produk Indonesia. Aviva, Srivit; Mediawati, Noor Fatimah
Indonesian Journal of Law and Economics Review Vol. 19 No. 3 (2024): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i3.1206

Abstract

Abstract: The increasing globalization of markets has raised significant legal questions regarding the registration of geographical indications (GIs), particularly concerning the validity of registering names from regions outside Indonesia. This research adopts a normative research method utilizing a statute approach to explore the legal framework governing GIs in Indonesia and compare it with international standards. The knowledge gap identified in this study pertains to the lack of comprehensive understanding regarding the requirements for registering foreign geographical names as GIs in Indonesia. The aim of this research is to provide an in-depth analysis of the legal validity of such registrations, focusing on the specific requirements and implications under Indonesian law. Preliminary findings indicate that while foreign regional names can be registered as trademarks if they meet specific criteria, they cannot be registered as GIs due to the absence of unique characteristics attributable to the geographical factors of the foreign country. This study's novelty lies in its comparative perspective, highlighting the discrepancies between local and international GI regulations, thereby enriching the discourse on intellectual property rights in a global context. The implications of this research are significant for policymakers and legal practitioners, as it underscores the necessity for clearer regulations and standards governing the use of foreign geographical names, ultimately aiming to protect consumers and uphold the integrity of Indonesian GIs. Highlights: oreign names may qualify for trademark registration under specific conditions. Geographical indications require unique regional characteristics for registration. Comparative analysis enhances understanding of international geographical indication laws. Keywords: Geographical Indications, Trademark Registration, International Law, Indonesia, Legal Framework
Modern Retail Regulations in Sidoarjo Regency after the issuance of Sidoarjo Regional Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency: Peraturan Ritel Modern di Kabupaten Sidoarjo Pasca Diterbitkannya Peraturan Daerah Sidoarjo Nomor 10 Tahun 2019 Tentang Penataan Toko Swalayan Di Kabupaten Sidoarjo Pratama, Candra Surya; Mediawati, Noor Fatimah; Purwaningsih, Sri Budi; Phahlevy, Rifqi Ridlo
Indonesian Journal of Public Policy Review Vol. 10 (2020): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v10i0.1161

Abstract

Modern retail is a business channel selling consumer goods directly and indirectly with the fastest growth for consumer goods companies in Indonesia. With the rapid growth of the modern retail business in the Sidoarjo area, it is enough to cover the existence of traditional retail in the vicinity. After the enactment of the Sidoarjo Regency Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency, can the regulation provide protection and maintain the consistency of the existence of traditional retail amidst the proliferation of modern retail. The research uses normative research based on the legal approach. With the changes in the Regional Regulation of Sidoarjo Regency Number 10 of 2019 concerning Arrangement of Supermarkets in Sidoarjo Regency from the previous regulation, Regent's Regulation Number 36 of 2016 concerning Arrangement of existing Minimarkets and the changes made.
ELIGIBILITY OF TIKTOK SHOP AS A LEGITIMATE PLATFORM FOR CONDUCTING ONLINE SALES TRANSACTIONS IN INDONESIA Siswapranata, Fadiana Zahra; Mediawati, Noor Fatimah
Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations Vol. 1 No. 9 (2024): Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and L
Publisher : Antis Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ejcblt.v1i9.998

Abstract

General Background: The rapid evolution of digital marketplaces has transformed the landscape of online sales, particularly in emerging markets like Indonesia. Specific Background: TikTok Shop, a relatively new platform developed by ByteDance, leverages the popularity of social media to facilitate online transactions. Despite its growing user base, limited research has been conducted on its legal and operational viability in the Indonesian market. Knowledge Gap: This gap highlights the need for a comprehensive analysis of TikTok Shop within the framework of Indonesian trade regulations, particularly Law Number 7 of 2014 concerning Trade. Aims: This research aims to evaluate the feasibility of TikTok Shop as a marketplace for online sales transactions in Indonesia, exploring its advantages and legal implications. Results: Through a Normative Juridical methodology, the study identifies key benefits of TikTok Shop, including its user-friendly interface, integration with social media marketing, and the potential for enhanced consumer engagement. Novelty: This research contributes to the literature by providing a focused examination of a novel marketplace platform and its alignment with existing legal frameworks in Indonesia. Implications: The findings suggest that TikTok Shop presents a viable option for online sales, promoting innovation in e-commerce while also necessitating careful consideration of regulatory compliance to ensure sustainable growth within Indonesia’s digital economy.
VALIDITY OF THE THESIS JOCKEY SERVICES AGREEMENT Fathurrahman , M. Aditya; Mediawati, Noor Fatimah
Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and Legal Innovations Vol. 1 No. 9 (2024): Journal of Contemporary Business Law & Technology: Cyber Law, Blockchain, and L
Publisher : Antis Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ejcblt.v1i9.1016

Abstract

General Background: The increasing demand for academic support services has led to the emergence of thesis jockey services, raising important legal questions regarding the validity of such agreements. Specific Background: This research specifically examines the legal conditions necessary for the validity of thesis jockey service agreements, focusing on their compliance with the Civil Code. Knowledge Gap: Despite the growing prevalence of these services, there is limited scholarly analysis on the legal implications and protections surrounding them. Aims: The study aims to explore the validity of thesis jockey service agreements by assessing their halal causes in relation to thesis consultation services. Results: Utilizing a normative juridical methodology with a statutory approach, the findings reveal that the validity of these agreements hinges on specific criteria outlined in the Civil Code, particularly concerning lawful objectives and mutual consent. Novelty: This research contributes to the discourse by highlighting the often-overlooked legal implications of thesis jockey services and the necessity for clarity in their contractual frameworks. Implications: The findings underscore the importance of legal awareness among stakeholders and advocate for enhanced protections to ensure the validity of thesis jockey service agreements, thereby promoting ethical academic practices and safeguarding the interests of all parties involved.
Suboptimal Role of Mediators in Sidoarjo Religious Court: Implications for Divorce Rates: Kurang Optimalnya Peran Mediator di Pengadilan Agama Sidoarjo: Implikasinya terhadap Angka Perceraian Riska Apriana; Noor Fatimah Mediawati
Academia Open Vol. 7 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.7.2022.5103

Abstract

The aim of this normative Juridical research study was to determine the role of mediators in the Sidoarjo religious court in reducing the number of divorce cases. The study found that the role of mediators was less than optimal due to the small number of mediators available, with only 5 mediators responsible for handling thousands of cases. In 2022, however, there was a notable increase in the number of successfully mediated divorce cases, with 91 cases successfully mediated in July and 80 in August. This demonstrates the potential benefits of increasing the number of mediators in the Sidoarjo religious court, as it could lead to more effective mediation and fewer divorces. These findings have important implications for the Sidoarjo Religious Court and suggest that increasing the number of mediators could be a viable strategy for reducing the number of divorce cases. Highlights: The study highlights the suboptimal role of mediators in the Sidoarjo religious court due to the lack of available mediators, with only five mediators responsible for handling thousands of divorce cases. The research demonstrates the potential benefits of increasing the number of mediators in the Sidoarjo religious court, as evidenced by the increasing number of successfully mediated divorce cases in 2022. The findings suggest that increasing the number of mediators could be an effective strategy for reducing the number of divorce cases in Sidoarjo, which has important implications for the Sidoarjo religious court and its efforts to minimize divorce rates. Keywords: mediators, religious court, divorce cases, role effectiveness, increasing number
Legal Consequences of Exploitation in TikTok Live Gift Requests: Konsekuensi Hukum dari Eksploitasi dalam Permintaan Hadiah di TikTok Live Tri Antika Masruroh; Noor Fatimah Mediawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.9791

Abstract

General Background: The rapid growth of social media has generated new forms of online economic activity, including live streaming that enables users to solicit virtual gifts convertible into monetary value. Specific Background: On the TikTok Live platform, such activities have increasingly involved the use of vulnerable groups—elderly persons, children, and individuals with disabilities—raising concerns about public order violations and exploitation resembling online begging. Knowledge Gap: Existing legal studies primarily address exploitation in offline contexts, while juridical analysis linking current regulations to digital gift-solicitation practices remains limited, particularly regarding enforcement and legal responsibility in Indonesia. Aims: This study examines the legal consequences of exploitative gift requests on TikTok Live and identifies relevant regulatory frameworks governing such conduct. Results: Using a normative juridical method with a statutory approach, the research finds that these practices may violate provisions related to begging, child protection, human trafficking prevention, and protection of persons with disabilities, with possible sanctions including criminal penalties, civil liability, and platform-based restrictions such as removal from monetization programs. Novelty: The study connects traditional legal norms on public order and exploitation with emerging digital behaviors on live streaming platforms. Implications: Strengthening law enforcement, regulatory oversight, and community awareness is essential to protect vulnerable populations and ensure accountability for both content creators and service providers in the digital environment. Highlights: Virtual gift solicitation involving marginalized individuals can constitute unlawful conduct under multiple statutes. Sanctions extend beyond criminal punishment to include civil claims and platform monetization restrictions. Regulatory oversight is necessary to safeguard at-risk populations within live streaming ecosystems. Keywords: TikTok Live; Online Begging; Vulnerable Groups; Legal Consequences; Digital Exploitation
Heirs Responsibility for Damaged Notary Protocols in Indonesia: Tanggung Jawab Ahli Waris atas Dokumen Notaris yang Rusak di Indonesia Azriel Al Rasyid; Noor Fatimah Mediawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12429

Abstract

General Background: Notary protocols constitute official legal archives that preserve authentic records of civil transactions and agreements, forming a foundation for legal certainty and public trust in notarial services. Specific Background: When a notary dies, these protocols—classified as state archives—must be safeguarded and transferred according to statutory procedures, yet in practice they may be left in deteriorated conditions that complicate administrative handling. Knowledge Gap: Limited clarity persists regarding the legal duties of heirs in managing, reporting, and transferring damaged protocols, particularly when archives have been destroyed by environmental factors or other uncontrollable events. Aims: This study examines the obligations of heirs concerning damaged notary protocols and analyzes the associated legal consequences using a normative-empirical legal approach supported by statutory review and interviews with the Regional Supervisory Council. Results: Findings indicate that heirs are required to report the existence of protocols within a prescribed period, coordinate with supervisory authorities, and facilitate transfer to an appointed notary; failure to do so may lead authorities to assume control to prevent legal uncertainty and protect parties who relied on the original deeds. Novelty: The study integrates doctrinal legal analysis with field evidence to clarify procedural responsibilities of heirs in post-mortem protocol management. Implications: Strengthening compliance with reporting and transfer procedures is essential to safeguard clients’ rights, maintain archival integrity, and preserve public confidence in the notarial institution. Highlights: Heirs must promptly notify supervisory authorities and arrange document transfer after the notary’s death. Authorities may intervene and appoint a custodian when families fail to act within statutory time limits. Proper handling of archives is necessary to protect parties connected to authentic deeds and avoid disputes. Keywords: Notary Protocol; Heirs Responsibility; Legal Certainty; Notarial Archives; Indonesia
Juridical Review of Agreements Using Adhesion Clauses in Lease Contracts: Uji Keabsahan Perjanjian yang Menggunakan Klausul Adhesion dalam Kontrak Sewa Abdur Rozaq Setiawan; Noor Fatimah Mediawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12448

Abstract

General Background: Standard form contracts are widely used in service industries, including vehicle rental, to streamline transactions and reduce administrative burdens. Specific Background: In car rental practices, these contracts frequently contain adhesion clauses drafted unilaterally by business operators, potentially creating disparities in rights and obligations between providers and consumers. Knowledge Gap: Previous legal studies have largely addressed contractual justice in general terms, leaving limited empirical examination of how adhesion clauses operate in actual car rental agreements and how they relate to consumer protection norms. Aims: This study analyzes the juridical implications of adhesion clauses in a car rental contract in Tanggulangin, Sidoarjo, focusing on contractual balance, legal compliance, and consumer rights. Results: Using a normative-empirical approach supported by document analysis and interviews, the study finds that several clauses transfer risks disproportionately to consumers, impose strict penalties without flexibility, require extensive personal guarantees, and conflict with statutory consumer protection provisions and principles of good faith. Novelty: The research provides a direct field-based evaluation of specific contractual provisions, highlighting structural inequalities embedded in real operational practices rather than theoretical models. Implications: The findings underscore the necessity for regulatory reform, standardized contract drafting, and stronger oversight to ensure fairness, transparency, and legal certainty in consumer transactions within the vehicle rental sector. Highlights: Several provisions shift liability almost entirely to renters, including circumstances involving service staff. Penalty schemes operate rigidly without accommodating emergency situations. Personal document guarantees create legal and privacy concerns for users. Keywords:Adhesion Clause; Car Rental Agreement; Consumer Protection Law; Standard Contract; Contractual Balance
Car Rental Contracts Establish Lessee Liability for Vehicle Damage: Kontrak Sewa Mobil Menetapkan Tanggung Jawab Penyewa atas Kerusakan Kendaraan Achmad Adi Setiawan; Noor Fatimah Mediawati
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12712

Abstract

General Background: Lease agreements represent a common contractual relationship in civil law, regulating rights and obligations between property owners and lessees, including motor vehicle rental services that frequently generate legal disputes related to damaged rental assets. Specific Background: Disputes often arise when lessees refuse to assume responsibility for vehicle damage occurring during the rental period, creating financial losses and legal uncertainty for rental operators, as observed in a case study at Mas Joko car rental. Knowledge Gap: Limited legal scholarship examines practical implementation of lessee liability for rental vehicle damage through integrated normative and empirical analysis within Indonesian civil law practice. Aims: This study examines legal provisions governing lessee responsibility for vehicle damage under the Civil Code and explores legal settlement mechanisms available to rental owners when liability is denied. Results: Using normative legal research combined with empirical case analysis, findings indicate that under Civil Code provisions, particularly Articles 1548, 1560, 1239, and 1243, lessees bear legal responsibility for damage caused by negligence during the rental period unless proven as force majeure. Dispute resolution may proceed through non-litigation mechanisms such as negotiation, mediation, or arbitration, or through litigation procedures seeking compensation claims. Weak contractual documentation and insufficient evidence frequently hinder liability enforcement. Novelty: This research presents an integrated legal examination combining statutory analysis with real-world rental dispute practices through a structured case study approach. Implications: Strengthening written contract clauses, administrative documentation, and insurance utilization provides greater legal certainty and dispute prevention strategies for vehicle rental operations. Highlights: Statutory Provisions Assign Responsibility When Negligence During Rental Periods Is Proven. Alternative Dispute Resolution Offers Settlement Options Before Court Proceedings. Strong Written Agreements and Evidence Records Reduce Enforcement Obstacles. Keywords: Car Rental Contracts, Lessee Liability, Vehicle Damage Disputes, Civil Law Lease Agreements, Contract Breach Liability
Co-Authors Abdulovna, Daryna Dzemish Abdur Rozaq Setiawan Achmad Adi Setiawan Agus Dwi Arifudin Alvisa, Adelia Andari, Chyci Hesty Anita Puji Astutik Apriana, Riska Archintya, Noviana Aviva, Srivit Azizah, Rizqiyah Rosyidatul Azriel Al Rasyid Cassey, Merry Orienta Dedhi Bima Samudra Desita, Arini Dewi Rositasari Dewi, Citra Surya Dina Dwi Oktavia Rini Effendi, Muhammad Imam Emy Rosna Wati Emy Rosnawati Fahira Safa Chairunnisa Faizin, Moh. Fathurrahman , M. Aditya Fathurrahman, Aditya Fatthurahman, M. Aditya Fidayanti, Anita Rohma Fiddinia, Irta Fityan Izza Noor Abidin Hana Yunita Makhfudotin Hanin Ramadhanti Hasan, Rizqi Herlina Oktavia Ilman, Mohamad Yazid Indakto, Ratro Indraputra P, Muhammad Chavelier Innolita, Zena Ayu Irani, Mercy Cindia Ayu Khumairoh, Bulqis Kurniawati, Dilla Haniah Lailul Mursyidah Mandiri, Dita Ayu Maryam, Effy Wardaty Masudin, Noor Mawa, Damai Yanti Zulfatal Mayasari, Sephia Mochammad Tanzil Multazam Muhammad Ary Taufik Muhammad Harbitan Dinata Ning Sriati Nisa' Nur Amalia Noviana Archintya Nurhayati P., Anggun Jayanti Pitaloka, Vernanda Diah Pratama, Candra Surya Pratama, Sandika Pristiwanto Puspitasari, Jeni Putri, Rostina Ananda Rifqi Ridlo Phahlevy, Rifqi Ridlo Riska Apriana Rohman, Afif Rokoyah, Siti Rositasari, Dewi Rozaq, Moh. Fatkhur Safari, Ferdi Safitri, Annisa Eka Safitri, Sifa' Ulya Salsabila Anissa Sari, Rizqi Puspita Sarigati, Pandu Siswapranata , Fadiana Zahra Siswapranata, Fadiana Zahra Siti Musdalifa Sri Budi Purwaningsih Suyo Gigih Prasetyo Tri Antika Masruroh Vera Firdaus