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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Akta al-Afkar, Journal For Islamic Studies Awang Long Law Review Jurnal Hukum Positum PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum INFOKUM JURNAL USM LAW REVIEW Jurnal Darma Agung Jurnal Scientia Jurnal Pengabdian kepada Masyarakat Nusantara Fox Justi : Jurnal Ilmu Hukum Jurnal Info Sains : Informatika dan Sains Khidmatuna : Jurnal Pengabdian Kepada Masyarakat Pemuliaan Hukum Pakuan Justice Journal of Law (PAJOUL) NUSANTARA: Jurnal Pengabdian Kepada Masyarakat Jurnal Sosial dan Sains Jurnal Indonesia Sosial Teknologi Kreativitas Pada Pengabdian Masyarakat (Krepa) Jurnal Pengabdian Masyarakat Nian Tana Jurnal Hukum Mimbar Justitia Rechtsvinding Jurnal Sosial Sains dan Komunikasi (Ju-SoSAK) Lex Scientia Law Review
Yeni Nuraeni
Universitas Pakuan
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Application of the Principle of Legal Certainty in the Execution of an Arbitral Award in Indonesia Vivi Vivi; L.Alfies Sihombing; Yeni Nuraeni
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1139

Abstract

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case.
Analysis of Adjudicative Authority in Regional Election Disputes: A Case Study of the Cianjur Regency Regional Election Dispute Based on Law Number 10 of 2016 and Its Amendments on the Election of Governors, Regents, and Mayors Sinaga, Dahman; Nuraeni, Yeni; Sihombing, Lasmin Alfies
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.51409

Abstract

The administration of regional head elections (Pilkada), as a manifestation of popular sovereignty, requires a dispute resolution mechanism that ensures justice and legal certainty. However, Law No. 10 of 2016 distributes dispute resolution authority among several institutions, which in practice creates the potential for jurisdictional conflicts. This study examines the problem of overlapping authority between the General Courts in handling electoral criminal offenses and the Constitutional Court in resolving disputes over Pilkada results. The objective of this research is to analyze juridically the source of the conflict of authority and its impact on legal certainty, with a case study of the Cianjur Regency Pilkada. The findings indicate that the fragmented attribution of authority under Law No. 10 of 2016 does not provide a synchronization mechanism between criminal judgments that have obtained permanent legal force (inkracht) and decisions on election result disputes (PHPU) that are final and binding. This condition produces a dualism of contradictory legal truths between the District Court and the Constitutional Court. Consequently, it leads to legal uncertainty and the potential delegitimization of Pilkada results. This study recommends the establishment of a specialized Pilkada court to comprehensively integrate all dispute resolution regimes.
ELECTRONIC TRAFFIC LAW ENFORCEMENT AND TRAFFIC LAW ENFORCEMENT Ori Va Malquna; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2048

Abstract

This research is a normative legal study that analyzes the effectiveness of implementing the Electronic Traffic Law Enforcement (ETLE) system in combating traffic and road transport violations (LLAJ) in Indonesia based on Law Number 22 of 2009 and Government Regulation Number 80 of 2012. The study's focus is directed toward the suitability of implementing ETLE with Article 272 of the Road Traffic and Transportation Act (UU LLAJ), which legitimizes the use of electronic equipment as an aid in enforcing traffic laws. The research method used is normative juridical with a legislative and conceptual approach. The research results indicate that the ETLE system is partially effective in improving public compliance with traffic regulations and reducing extortion practices thru technology-based enforcement and electronic evidence. However, the effectiveness of ETLE implementation still faces several obstacles, including limited supporting infrastructure, suboptimal integration of vehicle ownership data, and low public understanding of ETLE procedures. Therefore, it is necessary to strengthen technical regulations, improve infrastructure quality, and optimize public socialization to support the sustainable effectiveness of technology-based traffic law enforcement.
DISHARMONY IN THE REGULATION OF MORTGAGE EXECUTION IN THE PROCESS OF DEBT PAYMENT OBLIGATION SUSPENSION AND BANKRUPTCY Fidji Muhammad Sobar; Yeni Nuraeni; Eka Ardianto Iskandar
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2105

Abstract

Suspension of Debt Payment Obligations (PKPU) under Law Number 37 of 2004 concerning Bankruptcy and PKPU is designed as a legal mechanism to facilitate fair and efficient debt restructuring while preventing business collapse. PKPU grants a temporary moratorium of up to 270 days for debtors to propose a composition plan to creditors. However, a normative conflict arises between the rights of secured creditors under Law Number 4 of 1996 concerning Mortgage Rights and the provisions of the Bankruptcy/PKPU Law. Article 6 of the Mortgage Law authorizes first-ranking mortgage holders to execute collateral through auction upon debtor default, whereas Article 245 of the Bankruptcy/PKPU Law restricts debt payments, including proceeds from collateral execution, prior to the approval of a composition plan (homologation) or a declaration of bankruptcy, except on a proportional basis to all creditors. This study employs normative juridical research using statutory, conceptual, and case approaches to analyze the disharmony between these regulations and its implications for legal certainty. The findings indicate that the suspension of execution rights during PKPU creates uncertainty and weakens the position of secured creditors, potentially conflicting with the principle of material security rights. Therefore, regulatory harmonization is necessary to balance the protection of secured creditors’ rights with the restructuring objectives of PKPU, thereby ensuring legal certainty and fairness within Indonesia’s insolvency framework.
Co-Authors Agus Satory Andi Muhammad Asrun Arfandi , Andi Muhammad Charles Sugiarto Sitorus Eka Ardianto Iskandar Elis Herlina Fidji Muhammad Sobar Ghafar , Abidah Abdul Gojali, Melisa Mulia Hartawati , Judijanto , Loso Karunia Karunia Komarudin Komarudin Krisnawaty, Frieda Mia Rasmiaty Monica, Tri Muhammad Nur Hussein Wahyudin Ori Va Malquna Sahat Maruli Tua Situmeang Sihombing, L. Alfies Sinaga, Dahman Triyunarti, Wiwin Tsabitah, Jilan Salma Uu Lukmanul Hakim Vivi Vivi Wahyudi Wahyudi Wiwin Triyunarti Wiwin Triyunarti Wiwin Triyunarti Yuyut Prayuti