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All Journal Syiar Hukum: Jurnal Ilmu Hukum Jurisprudentie Jurnal Daulat Hukum Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial JOURNAL EQUITABLE Unes Law Review Pleno Jure Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam JUSTISI Kontribusia : Research Dissemination for Community Development JTIEE (Journal of Teaching in Elementary Education) Jurnal Justiciabelen Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF Community Empowerment Trapsila: Jurnal Pendidikan Dasar AMNESTI : Jurnal Hukum DedikasiMU: Journal of Community Service Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Borobudur Law and Society Journal Borobudur Journal on Legal Services Journal of Law, Poliitic and Humanities Journal of Economic & Business Law Review Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Hardian Iskandar
Universitas Muhammadiyah Gresik
Religion Arts Humanities Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering 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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Legal Protection of Siri Wives Who Have Not Been Registered at the Dukcapil Aura Fauziyyatur Rahma; Hardian Iskandar
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.923

Abstract

A siri marriage is a marriage carried out in accordance with Islamic law, but not officially recorded at the Office of Religious Affairs (KUA) or other government institutions. In other words, this marriage is valid religiously, but not recognized by state law. Siri marriages that are not registered in Dukcapil place wives in a vulnerable position to legal injustice. This research aims to find out and examine the legal protection for Siri wives who have not been registered in Dukcapil. This research is a type of normative legal research. This research uses a statutory approach, this research also uses secondary and primary data so that the research results prove that it is based on law. This research shows that a form of legal protection for unregistered wives can actually be included in one family but only records that the marriage has occurred. And in the KK there will be written the statement "marriage has not been registered"
Legal Aspects of Joint Account Contracts from a Civil Law Perspective Syafira Nurrin Qolbisyah; Hardian Iskandar
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4213

Abstract

This study aims to analyze the legal validity of agreements and the liability of rekber service providers to their consumers. The research method used is normative juridical with a descriptive analytical approach to the applicable legal regulations related to sales transactions using rekber, supplemented with a limited empirical approach. In the Joint Account system, buyers are required to transfer funds, which is considered as acceptance of the applicable terms and conditions. Violation of these terms results in the forfeiture of the fees that have been paid. Novelty of this study lies in the agreement of sale and purchase and the use of a Joint Account system as a third party. The results of the study indicate that agreements in Joint Account transactions have binding force as contracts between sellers and buyers. However, there is the potential for legal cancellation of the agreement if the terms and conditions are considered unfair, non-transparent, or detrimental to consumers. Conclusion This study identifies that agreements in sales transactions using Joint Account systems such as Shopee are considered valid if they comply with the provisions of the Civil Code and there are two alternative dispute resolution methods in the event of breach of contract or fraud, namely non-litigation efforts through mediation and negotiation or with the assistance of a third party, or litigation through the court system.
The Principle of Good Faith in Oral Pawn Agreements with Motor Vehicle Credit Collateral Makruf Antoni, Amal Astana; Iskandar, Hardian
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1303

Abstract

In general, when someone borrows from a bank or other financial institution, an agreement will usually be drawn up by both parties. However, most of these agreements are only made verbally without using a written agreement. This analysis aims to study the validity of credit agreements made through words or speech using property collateral in the form of motor vehicles, as well as the implementation of the principle of good faith in undocumented or unwritten credit agreements involving motor vehicle collateral. This analysis uses a normative-based legal approach and utilizes primary and secondary data sources obtained through literature studies, scientific articles, books, and provisions of legal articles related to the research topic. Information was collected using the minutes and documentation method and reviewed in depth. Observations show that the credit agreement through oral communication between Party 1 and Party 2 has fulfilled all the requirements under Article 1320 of the Civil Code. An agreement was made to borrow a certain amount of money with a motor vehicle as collateral. Party 1, in good faith, fulfilled all agreed provisions, including repayment of 30% of the loan with 8% monthly interest within three months
Kekuatan Hukum Memorandum of Understanding (MoU) pada Perjanjian Pageant Miss Beauty Jatim 2022 Fresil Nurassyafa Almayunda; Hardian Iskandar; Dodi Jaya Wardana
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1287

Abstract

The Memorandum of Understanding (MoU) is a preliminary agreement in contracts established under the Common Law system, and this research is based on the increasing phenomenon of using MoUs as an initial form of agreement in various fields, including the organization of beauty pageants; however, in practice, there remains ambiguity regarding the extent to which an MoU has binding legal force, particularly when one party commits a breach of contract or when disputes arise, thus this study formulates two main issues, namely the legal status of the parties involved in the MoU of the Miss Beauty East Java 2022 pageant agreement and the legal consequences of the non-performance of such MoU, employing a normative juridical method through statute, conceptual, and case approaches to analyze the practice of MoUs in Miss Beauty East Java 2022, and the findings indicate that although MoUs are not explicitly regulated in the Indonesian Civil Code, they may be considered preliminary agreements subject to the principle of freedom of contract under Article 1338 of the Civil Code, with the legal status of the parties being binding as long as the MoU fulfills the essential elements of a valid contract (agreement, legal capacity, specific object, and lawful cause), while the legal consequences of non performance may give rise to legal liability resolved through non-litigation efforts such as mediation or arbitration, or ultimately through litigation if amicable settlement fails, leading to the conclusion that the MoU in the Miss Beauty East Java 2022 pageant possesses binding legal force as a preliminary agreement rather than merely a moral commitment, provided that it is clearly drafted and meets the validity requirements of a contract under Indonesian law.
Environmental Pollution in the Perspective of Civil Law Fauzi, Ahmad Nur; Iskandar, Hardian
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1130

Abstract

: Issues relating to the environment are intrinsically linked to human behavior, as there is a significant relationship between humans and their environment, characterized by the idea that humans have a right to the environment. Environmental issues are important challenges that require our collective attention, as they are closely linked to safety, public health, and the functioning of our daily lives. The objective of the issue at hand is for the Government to take the initiative to foster public awareness and ensure effective implementation of environmental laws and regulations. This is important to prevent any prejudice against environmental management policies enforced by public enterprises. Therefore, law enforcement related to environmental pollution is very important. The approach method implemented in this research is normative research. The findings of this research show that to address environmental pollution, effective solutions are needed that aim to facilitate environmental restoration, as outlined in the Environmental Law No. 32 of 2009. This law manages environmental law to also include measures designed to prevent actions that may cause environmental degradation, thereby contributing to the mitigation of such damage. In addition, this law also emphasizes the need for environmental law enforcement within the framework of Civil Law
Perlindungan Hukum Bagi Konsumen Terhadap Produk Kosmetik yang Tidak Terdaftar BPOM Ameliani, Putri; Iskandar, Hardian; Wardana, Dodi Jaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2062

Abstract

Cosmetics are a series of products used to beautify oneself in various forms including liquid, powder, solid, foam and cream. But the distribution of cosmetics is worrying, because not a few of the cosmetics circulating in the market have not been registered with BPOM, so the contents in them may not be safe and can still be consumed. If consumers are not careful with the composition of the ingredients of the products used and it turns out that the products used have not been BPOM, it will be dangerous for their health, because cosmetic products contain chemicals that must be in accordance with the levels of use, therefore the purpose of this paper is to discuss how BPOM's role in dealing with the problem of cosmetic products that have not been registered with BPOM. By using normative research methods to find a way out of this problem of violating consumer rights, it is necessary to strictly enforce it so that business actors are more aware of the products being sold and business actors who violate them will be subject to administrative sanctions or criminal sanctions.
Analisa Yuridis Putusan Pernikahan Beda Agama Ditinjau Dari Undang-Undang No 1 Tahun 1974 B, Muh Rivai; Iskandar, Hardian
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3453

Abstract

Religious weddings in Indonesia have been a difficult and tangled matter of legal debate. This study intends to produce legislation that governs themes the author discusses in light of current instances via this article, which applies normative research methodologies to solve its difficulties. The documentation of the legitimacy of interreligious weddings needs more legal assurance. Although Marriage Law No. 1 of 1974 makes it lawful, there still needs to be more work with administrative records under Population Act No. 24 of 2013, which enables opportunities for couples who may join in weddings of various faiths. Marriage between a Muslim and a non-Muslim is prohibited in Islamic law, according to Rule 40 of the Islamic Law Compilation, unless otherwise approved by relevant legislation. Article 2(1) of Marriage Act No. 1 of 1974 prohibits marriage between a Muslim and a non-Muslim. Interreligious couples must be given the same legal status and the same right to build a family via marriage under the 1945 Constitution and Law No. 39 of 1999 on Human Rights. In contrast, the Supreme Court of Indonesia issued letter 2 of 2023, urging judges not to stop interfaith marriage immediately. This essay highlights how difficult it is to attain legal clarity and certainty—better laws and policies and more exact legal interpretations.
Land Acquisition for the Eviction of Uncertified Residents Houses for the Widening of Manyar Highway Maulidya Diegha Widyasari; Hardian Iskandar
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3845

Abstract

This study aims to analyze land acquisition on uncertified land objects and eviction of residents' houses on Jalan Raya Manyar, Gresik Regency for a highway widening project. The main findings show that the majority of affected residents live on uncertified land (customary land or girik), so the land acquisition process faces obstacles to legality and determining fair compensation. Normative analysis based on Law No. 2/2012 on Land Acquisition for Public Road Purposes shows that the government is obliged to provide compensation to residents, even if the land is not certified. However, findings in the field reveal a lack of transparency, lack of socialization, and asset valuation that does not involve independent parties, triggering social conflicts and lawsuits from residents. The implications of this research include the need to accelerate land certification through programs such as PTSL, the implementation of inclusive socialization, and the appointment of an independent appraisal team to ensure objective compensation. In addition, the establishment of a mediation mechanism involving the government, residents and third parties can reduce resistance and improve the effectiveness of infrastructure projects. This research makes an important contribution to the formulation of more humane, equitable, and sustainable land acquisition policies.
Perlindungan Hukum Bagi Konsumen Terhadap Pengguna Jasa ShopeeFood Ditinjau Dari Undang- Undang Perlindungan Konsumen Widyasari, Dini; Iskandar, Hardian
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1135

Abstract

ShopeeFood's online food delivery feature makes it easier for consumers not to have to laeve the house when they want to buy food. However, online transactions carried out using the ShopeeFood feature also have risks compared to direct transactions, where of course consumers can directly see the condition and quality of the product they want to purchase or can object or complaint directly. The main problem in this writing is the mismatch in orders received by ShopeeFood consumers. Of course, consumers feel disadvantaged by this happening. So consumers need legal certainty regarding responsibility for these losses in terms of the Consumer Protection Law. The research method used is normative legal research carried out using secondary data as legal material in the form of primary legal material. So the results of the research and discussion in this scientific journal will be able to answer the problems that occur, namely ShopeeFood provides a policy that consumers can submit requests for refunds or product replacements to Merchant or business actors through the platform provided by ShopeeFood. According to Law Number 8 of 1999 concerning Consumer Protection, if business actors do not carry out their obligations which are consumer rights, then consumers can sue the Merchant or business actor.
Tanggung Jawab Perusahaan Ekspedisi Atas Kerusakan Dalam Pengiriman Barang (Studi Kasus Shopee Express) Salsabillah, Silfiyana; Iskandar, Hardian
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1136

Abstract

In the era of electronic commerce that continues to grow, Shopee Express as one of the main players in the e-commerce industry offers efficient and fast delivery services. However, in the process of shipping goods, the risk of damage or loss is always there. This negligence is the responsibility of the expedition company, because the company has an obligation to compensate for losses experienced by consumers. These provisions are contained in Law No. 8 of 1999 concerning Consumer Protection. This research aims to analyze and determine the form of consumer protection against damage to goods in terms of business actors, the role of government up to the settlement stage. The main problem raised in this research is how to protect consumers, especially in the event of damage during the goods delivery process. The research method used in writing this article is normative legal research, data collection techniques by examining library materials or secondary data based on research results that to submit a product replacement claim, consumers are required to submit evidence in the form of photos/videos, provisions that have been made by Shopee Express and approved by the consumer when they want to make a transaction is an absolute decision and cannot be contested.
Co-Authors Abdul Halim Talli Afakhrul Masub Bakhtiar Akhmad Fairuz Badi Uyun Ameliani, Putri Arya Maulana Pandu Prahana Asyrafi, Muhammad Naufal Aura Fauziyyatur Rahma Azkannasabi, Muhammad B, Muh Rivai Chusnul Karimah Damar Gondo Arwono Dodi Jaya Wardana Dwita Rahmawati Emilia Esa Wardana Evanti Andriani, Dwi Fauzi, Ahmad Nur Fresil Nurassyafa Almayunda Hammi Farid Handoko Putra, Krido Ifadah Pratama Hapsari Ifahda Pratama Hapsari Lingga Adi Dharma Makruf Antoni, Amal Astana Maulidya Diegha Widyasari Moch Rizky Giri Moh. Rafiqi Luthfi Rahman Muhammad Azkannasabi Musyafa'ah, Nur Aini Nanang Khoirul Umam Nanang Khoirul Umam Novita Sari Putri, Allya Maulida Salsabillah, Silfiyana Sania Puspita Anggraini Sania Puspita Anggraini Sri Astutik, Dinda Syafira Nurrin Qolbisyah Umam, Nanang Khoirul Uyun, Akhmad Fairuz Badi Vembri Aulia Vembri Aulia Rahmi Widianti, Ira Ayu Widyasari, Dini Yunanto, Firman Panca