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All Journal DE JURE Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta JURNAL HUKUM dan KENOTARIATAN Risalah Hukum International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance IBLAM Law Review International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat RechtIdee Jurnal Hukum dan Pembangunan Asian Journal of Management, Entrepreneurship and Social Science
Djumikasih
Fakultas Hukum Universitas Brawijaya
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Cancellation of Marriage Due to Apostasy in Islamic Law and Human Rights: A Comparative Analysis of Indonesia and Malaysia Sholehudin, Miftahus; Fadli, Moh; Sulistyarini, Rachmi; Djumikasih, Djumikasih
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.31465

Abstract

The issue of apostasy, especially the annulment of marriage on the grounds of apostasy, is a highly intricate and contentious issue at the intersection of Islamic law and human rights. This article seeks to undertake a critical comparative analysis of the legal frameworks, jurisprudence, and practical applications surrounding this issue within Indonesia and Malaysia—two prominent Muslim-majority countries. Through in-depth insight into the relevant laws and court cases with scholarly literature reviews, this paper examines the different approaches taken by these countries and the deeply entrenched challenges in resolving the principles of Islamic legal doctrine with the main tenets of international human rights. This examination requires treading the line carefully, as religious traditions and individual freedoms clash. An inclusive and balanced dialogue can be done to further the protection of human rights and respect the rich tapestry of religious and cultural perspectives. Indeed, the proper application of Islamic law can be viewed as a fundamental human right since the freedom to practice one’s faith is part and parcel of the core tenets of international human rights standards. It is in a holistic approach—one that respects both Islamic legal principles and universal human rights—that apparent tensions can be resolved and fair treatment can be ensured for everyone. Moreover, the Islamic jurisprudents take the invalidation of marriage by way of apostasy as unanimous since it is a permissible action in case of a defect or some damage in the marriage. However, clear and specific regulations are urgently needed with a view to legal certainty and unity within the community.
Reformulation of The Regulations Regarding Changes In The Status of Individual Companies To Capital Partnership Companies With Legal Certainty Natasha Graciela Hastika; Djumikasih; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.287

Abstract

Indonesia's national economic recovery requires increased competitiveness of business actors, including through the development of regulations for establishing business entities. The Job Creation Law and Government Regulation No. 8 of 2021 introduced the concept of an Individual Limited Liability Company (PT) which allows the establishment of a PT by one person without a notarial deed, for micro and small business actors. However, the change in status of an Individual PT to a capital partnership PT must be carried out with a notarial deed, which creates legal uncertainty and challenges in implementing the regulation. In addition, the lack of socialization and education regarding the regulation of Individual PTs has resulted in low understanding among business actors. This study uses a normative legal method with a statutory, conceptual, and historical approach, as well as an analysis of grammatical and systematic interpretation of primary, secondary, and tertiary legal materials. Through interviews with notaries, this study examines the legal consequences of the deed of change of status of an Individual PT and provides recommendations to clarify future legal norms in changing the status of an individual company to a capital partnership. It is hoped that the research results can support the implementation of more effective individual PT regulations, provide legal certainty for business actors, and strengthen the contribution of MSMEs to national economic growth
Effectiveness Of Providing Free Legal Services By Notaries In North Lombok Regency Rosyida Tri Yunita; Sulistyarini, Rachmi; Djumikasih
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.476

Abstract

Abstrak Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris mengatur kewajiban notaris untuk memberikan layanan pembuatan akta autentik secara cuma-cuma kepada masyarakat tidak mampu. Namun, implementasi ketentuan ini masih menghadapi berbagai kendala dalam praktiknya. Penelitian ini menggunakan metode yuridis empiris dengan pendekatan peraturan perundang-undangan serta wawancara dengan notaris dan tokoh masyarakat di Kabupaten Lombok Utara. Data dianalisis secara deskriptif kualitatif untuk mengidentifikasi faktor-faktor yang mempengaruhi efektivitas penerapan Pasal 37 Ayat (1) UU Jabatan Notaris. Penelitian ini bertujuan untuk mengevaluasi sejauh mana aturan ini diterapkan dan hambatan yang dihadapi dalam pelaksanaannya. Hasil penelitian menunjukkan bahwa meskipun notaris memahami kewajiban tersebut, implementasi masih terbatas karena kurangnya kepastian hukum mengenai kriteria penerima layanan serta minimnya pengawasan dan fasilitas pendukung. Selain itu, rendahnya pemahaman masyarakat mengenai hak mereka terhadap layanan cuma-cuma ini juga menjadi kendala utama. Kesimpulannya, diperlukan perbaikan regulasi, penguatan pengawasan, serta edukasi hukum kepada masyarakat agar aturan ini dapat diterapkan secara lebih efektif. Kata Kunci: Jasa Hukum, Layanan Cuma-Cuma, Notaris, Kepastian Hukum, Edukasi Hukum. Abstract Law Number 2 of 2014 on the Notary Position regulates the obligation of notaries to provide free notarial services for the underprivileged. However, the implementation of this provision still faces various challenges in practice. This study uses an empirical juridical method with a legislative approach and interviews with notaries and community leaders in North Lombok Regency. The data were analyzed descriptively qualitatively to identify the factors influencing the effectiveness of implementing Article 37, Paragraph (1) of the Notary Position Law. This study aims to evaluate the extent to which this regulation is implemented and the obstacles encountered in its execution. The findings show that, although notaries understand this obligation, the implementation is still limited due to the lack of legal certainty regarding the criteria for recipients of the service and insufficient supervision and supporting facilities. Additionally, the low public understanding of their rights to this free service also becomes a major barrier. In conclusion, regulatory improvement, strengthened supervision, and legal education for the public are necessary to enable more effective implementation of this provision. Keywords: Legal Services, Free Services, Notary, Legal Certainty, Legal Education.
Comparative Analysis of Penalty Clauses in Civil Contracts: Enhancing Legal Certainty and Substantive Justice in Indonesian Law Lely Sulthoniah; Djumikasih; Yenny Eta Widyanti
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.540

Abstract

Abstract Penalty clauses in civil contracts serve as a preventive mechanism against breach of contract and as a legal protection tool for the aggrieved party. However, the Indonesian Civil Code (KUHPerdata) does not explicitly regulate such clauses, resulting in legal uncertainty and inconsistent judicial practices. This study aims to comparatively analyze the regulation and implementation of penalty clauses in Indonesia, the United Kingdom (via the concept of liquidated damages), and Germany (through Strafklauseln). Employing normative, conceptual, case study, and comparative approaches, the findings reveal that Indonesia’s legal framework remains weak and heavily reliant on judicial discretion, in contrast to the more structured and proportionate approaches found in the UK and Germany. The study recommends a reformulation of Indonesia’s legal framework governing penalty clauses to strengthen legal certainty and ensure substantive justice. The novelty of this research lies in its cross-system legal analysis and emphasis on the need for contractual justice reform in Indonesian civil law. Keywords: Penalty Clause, Breach of Contract, Justice, Contract Law, Legal Comparison
Execution of Second-Rank Mortgage Rights Due to breach of contract at PT Bank Sulutgo Zees, Rizky Fauzi R; Djumikasih; Widyanti, Yeni Eta
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

This study aims to analyze the effectiveness of Article 20, Paragraph (2) of Law Number 4 of 1996 on Mortgage Rights in the execution of mortgage guarantees due to Breach Of Contract, with a focus on the case of PT Bank Sulutgo. The main issue examined is the challenges in executing Second-Rank Mortgage Rights when multiple creditors are involved, as well as the legal uncertainty surrounding the private sale mechanism. This research employs an empirical juridical method with a socio-legal approach, combining document studies and interviews with relevant parties at PT Bank Sulutgo. The findings indicate that execution through public auction often encounters administrative and legal obstacles, particularly concerning the position of the Second-Rank Mortgage Rights holder, who is dependent on the First-Rank Mortgage Rights holder. Furthermore, the lack of clear regulations regarding the execution of Second-Rank Mortgage Rights leads to multiple interpretations in practice. As an alternative, private sales provide a more flexible solution; however, in the case of PT Bank Sulutgo, this mechanism negatively impacts other debtors who still have outstanding credit obligations. This study concludes that the effectiveness of Article 20, Paragraph (2) of the Mortgage Rights Law remains weak in providing legal certainty for Second-Rank Mortgage Rights holders. Therefore, more detailed regulations on the execution mechanism of Second-Rank Mortgage Rights are necessary to ensure legal protection for all parties involved.
Legal Analysis of Foreign Nationals in Fiduciary Guarantees: Between Banking Risks and Legal Vacuum Leony Sutanto, Christanty; Djumikasih; Widyanti, Yenny Eta
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

This study aims to analyze legal certainty for Foreign Nationals (FN) as debtors and creditors in loan agreements with Fiduciary assignments in Indonesia. The background of this research is based on the ambiguity of regulations regarding the legal status of FN in the Fiduciary assignment system, which has the potential to create legal uncertainty for banking institutions and related parties. The applicable regulations, including the Fiduciary Assignment Law and Bank Indonesia Regulations, do not explicitly regulate the authority of FN as fiduciary grantors or fiduciary recipients, leading to various legal interpretations in practice. This research employs a normative juridical method using a statute approach and a conceptual approach. The legal materials used consist of primary legal sources, such as laws and relevant regulations, as well as secondary legal materials from various legal literature. The analysis technique used is systematic and grammatical interpretation to examine the interrelation of norms within the Indonesian legal system. The research findings indicate that although existing regulations limit the role of FNs in certain financial transactions, there are legal loopholes that allow them to be involved in Fiduciary assignments, either as debtors or creditors. This uncertainty poses risks to banking institutions if FN debtors default on their obligations.
The Urgency of Regulating Written Statement Format as an Administrative Requirement for Organ and Tissue Transplants Anandita, Azzavira Salsa; Djumikasih Djumikasih; Rino Arief Rachman
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1724

Abstract

This study discusses the administrative requirements for organ and tissue transplantation in Indonesia, particularly the form of the “written statement” which has not been fully accommodated in the current health legislation. There is a discrepancy between administrative requirements in Government Regulation No. 28 of 2024 and Ministry of Health Regulation No. 38 of 2016. Therefore, a normative ambiguity arises, which the author addresses through this research questions: (1) What is the urgency of regulating the form of a 'written statement' as an administrative requirement for organ and human tissue transplantation in Indonesia? and (2) What is the appropriate form of the “written statement” as an administrative requirement for transplantation? To answer these questions, the author uses normative juridical research methods and applies three approaches: statutory, conceptual, and comparative. The analysis is conducted through grammatical and systematic interpretation. The study finds that the regulation of the written statement is still unclear, causing legal uncertainty. Yet, such a document is crucial for ensuring that the transplantation process is legal, voluntary, and transparent, and to prevent organ trafficking. Therefore, a more specific regulation is needed. The study concludes that notarial deed is the most appropriate form to express the donor’s consent legally, ethically, and responsibly.
A Maqasid Shariah Review of the Contra Legem Judge's Decision in the Application of Article 97 of the Compilation of Islamic Law Baiq Tiffani Yunita; Djumikasih Djumikasih; Nur Chanifah
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1757

Abstract

The dynamics of the application of Article 97 of the Compilation of Islamic Law in the distribution of joint property after divorce shows the phenomenon of contra legem carried out by judges to achieve substantive justice. This study analyzes the philosophical construction of Article 97 of the Compilation of Islamic Law and the judge's decision that deviates from the provisions of the 50:50 division through the perspective of Maqasid Shariah. The research method uses normative juridical with a qualitative approach, analyzing the Supreme Court Decision Number 266K/AG/2010 and the Decision of the Jakarta High Court of Religion Number 126/Pdt.G/2013/PTA. JK as primary data. The results showed that judges applied distributive justice by taking into account the factual contributions of each party, resulting in a proportional division of 75:25 and 67:33 that deviated from the normative provisions. The findings reveal that the approach of Maqasid Syariah through the principles of hifdz al-mal and hifdz al-nafs provides theological legitimacy for deviations for the sake of substantive justice. The research concludes the need for a reformulation of Article 97 of the KHI by integrating the principle of proportionality of contribution to create a legal framework that is more adaptive to contemporary social realities without sacrificing legal certainty.
The Measuring Ideal Accountability in Leaking Customer Personal Data as an Unlawful Act Elmaila, Izzah; Kusumadara, Afifah; Djumikasih, Djumikasih
JURNAL AKTA Vol 12, No 1 (2025): March 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.v12i1.44580

Abstract

The aim of this research is first to identify cases of personal data leakage as unlawful acts that violate the law. Second, find an ideal concept for cases of leakage of bank customers' personal data based on the burden of proof. This article used a normative (doctrinal) method with statute and conceptual approach. The results of the research show that personal data leakage is a form of unlawful act that can be held accountable provided that the elements are met: the existence of the act, the act being against the law, the existence of an error or negligence (negiglence), the existence of a loss, and a causal relationship between the cause and the loss. Judging from the burden of proof and the applicable regulations, the concept of strict liability is an appropriate concept for cases of leakage of customer personal data because it is shifting the burden of proof so that business actors must prove that they are innocent.
The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
Co-Authors Abdul Rachmad Budiono Abdullah, Salman Afifah Kusumadara Ahmad Shoifi Anandita, Azzavira Salsa Ane Fany Novitasari Ane Fany Novitasari Anggita Tridiani Sirait Baiq Tiffani Yunita Budi Santoso Chusnida, Nabilah Dwi Qurbani, Indah Dyah Widhiawati Eliza, Rahmi Elmaila, Izzah Endang Sri Kawuryan FADLI, MOH Faisal Muhammad, Faisal Muhammad Fathul Laila Fathul Laila, Fathul Herlindah Herlindah Hidayat, Fitri I Nyoman Nurjaya I Nyoman Nurjaya Imam Koeswahyono Imam Koeswahyono Imam Koeswahyono Indri Puspitasari, Indri Kusuma Dewi , Amelia Sri Lely Sulthoniah Leony Sutanto, Christanty Liora, Noela Luth, Thohir Made Ardia Manap, Norhoneydayatie Abdul Melati Putri Nusa, Luh Putu Ayu Meilina Miftahus Sholehudin Muhammad Azmi Khoirurrijal Muliani, Alisya Natasha Graciela Hastika Nur Chanifah Nusa, Luh Putu Ayu Meilina Melati Putri Rachmi Sulistyarini Redanti, Maya Rino Arief Rachman Rosyida Tri Yunita Rumi Suwardiyati Samuel Fajar Hotmangara Tua Siahaan Shrimanti Indira Pratiwi Shrimanti Indira Pratiwi Sihabudin SIHABUDIN Suci Risma Deta Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Syaid, Ishma Safira Tata PELITA Thohir Luth Trie Sulistiowarni Widhiawati, Diah Widhiawati, Dyah Widjanarko, Wildan Kristanto Widyanti, Yeni Eta wijaya, Sevi Puri Yenny Eta Widyanti Zees, Rizky Fauzi R