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All Journal DE JURE Jurnal Pembangunan dan Alam Lestari 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 UNES Journal of Swara Justisia International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat RechtIdee Jurnal Hukum & Pembangunan Asian Journal of Management, Entrepreneurship and Social Science
Djumikasih
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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JURIDICAL IMPLICATIONS THE JOINT MEETING OF THE PURA DWIJAWARSA FOUNDATION IS BASED ON LEGAL CERTAINTY Melati Putri Nusa, Luh Putu Ayu Meilina; Djumikasih; Dyah Widhiawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1167

Abstract

The Foundation Law provides an understanding that a foundation is a legal entity engaged in religious, social, and humanitarian fields. This research discusses the juridical implications of the joint meeting held at Yayasan Pura Dwijawarsa with the aim of appointing the foundation's trustees, the regulation of the joint meeting is contained in article 7 number 6 of the Articles of Association contained in the Deed of Establishment of Yayasan Pura Dwijawarsa Number 29 dated April 25, 2008 made before notary Niluh Elita Mahariany S.H., M.Kn, the article states that if for any reason the foundation does not have a trustee, then since the vacancy is obliged to appoint a trustee based on the decision of a joint meeting by the management and supervisory organs. But what happened in Yayasan Pura Dwijawarsa, the joint meeting aimed at appointing the coach was carried out by the management and supervisors who had ended their term of office. This research is a socio-legal research using a sociological juridical approach. The results of the analysis show that there are several impacts arising from the existence of the joint meeting so that it is not in accordance with one of the objectives of the law, namely legal certainty.
Urgency of Notification to the Owners of Collateral Goods in the Sale of Receivables Accompanied by Credit Transfer by Cession wijaya, Sevi Puri; Djumikasih; Susilo, Hariyanto
International Journal of Business, Economics, and Social Development Vol. 6 No. 4 (2025): International Journal of Business, Economics, and Social Development (IJBESD)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i4.1096

Abstract

Banking plays a vital role in society, especially with increasingly accessible credit facilities. Loans or credit must include collateral in the form of a mortgage, which must be fully surrendered to the creditor. However, a common problem in credit provision is bad debt or the inability of the debtor to fulfill their obligations. One solution adopted by the bank is the transfer of receivables (cession). In the transfer of receivables, several obligations must be fulfilled by the creditor, namely notification and the preparation of a deed of cession to the debtor and the collateral owner regarding the transfer of rights, as stipulated in the Civil Code. The purpose of this study is to analyze the meaning of notification to the collateral owner and the debtor, or approval in the sale of receivables accompanied by the transfer of credit through cession, and to analyze the legal protection for the collateral owner or the sale of receivables accompanied by the transfer of credit. This legal research is a normative legal research, the types and sources of data used are primary data, namely statutory provisions, and secondary legal materials, namely books, journals, and interviews collected by the author. Notification and approval of the collateral owner is the most important factor in the transfer of a cession and if it is not implemented, it will make the cession have no legal impact on the debtor or even be null and void by law.
The Legal Validity of Oral Agreements in Online Arisan Practices: Kekuatan Hukum Perjanjian Tidak Tertulis (Lisan) dalam Arisan Online Widjanarko, Wildan Kristanto; Djumikasih; Nurhayati, Prawatya Ido
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.4

Abstract

This study examines the legal validity of oral agreements in electronic-based arisan practices, commonly known as “online arisan.” The issue arises due to the lack of clear and comprehensive regulations governing online arisan, despite its rapid growth in Indonesia. This regulatory gap has resulted in frequent acts of default by both organizers and participants. Although online arisan is based on contractual agreements between members and organizers, its implementation must also comply with the Electronic Information and Transactions Law (ITE Law), as the activities are carried out electronically. However, because online arisan is a relatively recent development, it has not been fully regulated under the ITE Law. Oral agreements in online arisan remain legally valid, as they meet the essential requirements for a binding contract under the Indonesian Civil Code. This is supported by Article 5(4) of the ITE Law, which affirms that online agreements do not always need to be made in writing. Nevertheless, oral agreements have limitations in evidentiary strength when disputes or breaches of contract arise. This study emphasizes the need for clearer and more detailed legal regulations to ensure legal certainty and protection for both organizers and participants in online arisan practices.
The Principle of Appropriateness as the Basis for Determining Interest Rates in Debt Agreements: Asas Kepatutan Sebagai Dasar Dalam Penetapan Bunga Dalam Perjanjian Utang Piutang Eliza, Rahmi; Djumikasih; Suwardiyati, Rumi
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.3

Abstract

This research raises the issues related to the provisions on interest rates, especially in personal loan agreements, is left to the discretion of the contracting parties based on the principle of freedom of contract. Even though the law provides a framework for regulating interest in agreements to control unreasonable interest practices, it unfortunately does not specify the maximum rate that may be agreed upon. Therefore, the application of the principle of fairness plays an important role in assessing and determining reasonable interest rates by the parties. This research uses normative legal research and employs statutory and case approaches, using primary, secondary, and tertiary legal materials. Legal material search techniques in this study include literature review, website or internet study, and document study, with legal material analysis using systematic interpretations. The results of the study shows that the main factors considered by judges in assessing reasonable interest rates in loan agreements include the agreement of the parties, legal regulations, comparisons with banking practices, principles of fairness and justice, and protection for the weaker party. Currently, there are no regulations governing the maximum interest rate that may be agreed upon in loan agreements outside formal financial institutions. This legal vacuum creates uncertainty and opens the door for the practice of excessively high interest rates that may harm borrowers. The application of the principle of fairness in loan agreements serves as an important legal mechanism to maintain balance, justice, and legal protection for all parties.
DOMESTIC PREFERENCE PROVISIONS FOR INDONESIAN ELECTRICITY INFRASTRUCTURE PROJECTS FUNDED BY FOREIGN LOANS Anggita Tridiani Sirait; Djumikasih; Budi Santoso
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4296

Abstract

The purpose of this study is to analyze the potential inconsistency of the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 with the principles of the Regulation for ADB Borrowers and its legal implications on electricity infrastructure projects funded by foreign loans. This research method is normative juridical with a legislative approach, an analytical approach, and a conceptual approach. The results show that the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 strengthen the use of domestic products in electricity projects funded by foreign loans, but have the potential to conflict with the principles of fairness and transparency in the Procurement Regulations for ADB Borrowers. Nationally, this policy is legitimate and supports economic independence, but internationally it can raise issues of inconsistency with the WTO principles of non-discrimination and national treatment and affect the credibility of the procurement process.
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR Samuel Fajar Hotmangara Tua Siahaan; Rachmi Sulistyarini; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4422

Abstract

Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
THE LEGAL STATUS OF ARTISTIC WORKS CREATED BY GENERATIVE ARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF INDONESIAN COPYRIGHT LAW Made Ardia; Yenny Eta Widyanti; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4486

Abstract

The development of Generative Artificial Intelligence (AI) has produced new forms of artistic works that generate uncertainty within Indonesia’s copyright law regime. Law Number 28 of 2014 on Copyright continues to position humans as the sole legal subjects eligible to be recognized as authors, thereby rendering works created entirely by AI unable to satisfy the requirements of originality and human authorship. The disparity between technological advancements and existing legal norms has resulted in regulatory gaps, particularly concerning the legal status of copyright holders and the scope of legal protection for generative AI based artistic works. Through normative juridical research, this study examines the necessity of legal reconstruction to accommodate this phenomenon without disregarding the foundational principles of copyright protection. The findings indicate that human intellectual contribution remains the essential basis for recognizing artistic works assisted by generative AI, while current regulations have yet to provide adequate legal certainty. Therefore, regulatory reforms that are adaptive and humanistic are required to ensure that legal protection remains relevant and equitable in the era of generative AI development.
REPOSITIONING THE VICTIM’S LEGAL STANDING: TRANSFORMING UNLAWFUL ACT LAWSUITS INTO SUBSTANTIVE RESTITUTION EXECUTION CERTAINTY IN ASSAULT CASES UNDER LAW NO. 20 OF 2025." Stefanus Fernandus Pardosi; Faizin Sulistio; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.5094

Abstract

This study examines the paradigm shift in criminal procedure law, moving from an offender-centered focus toward the restoration of victim rights through restitution mechanisms. Article 101 of the old Criminal Procedure is considered to have failed in providing effective justice because it positioned compensation as an "accessory" claim subject to civil procedure. This placed the burden of independent proof on the victim and resulted in court orders that were difficult to execute. Using normative legal research with a conceptual approach, this study analyzes the urgency of Law No. 20 of 2025 (the New Criminal Procedure Code), effective as of January 2, 2026. The results indicate that Articles 183-192 of the New Criminal Procedure Code carry out a significant transformation by fully integrating restitution into the criminal justice system. This innovation shifts the burden of proof to the Public Prosecutor and provides enforcement power through substitute imprisonment for offenders who refuse to pay. This procedural transformation cuts through the complexity of judicial bureaucracy and guarantees legal certainty and substantive recovery of victim rights. This arrangement serves as a solution to the legal vacuum and the ineffectiveness of the old mechanism, particularly in ordinary criminal cases, to realize comprehensive restorative justice.
Legal construction of beneficial owner liability for violations of medical hazardous waste management in hospitals Widiyanto, Teguh Prastyo Nur; Budiono, Abdul Rachmad; Djumikasih, Djumikasih; Kasyafi, Haidar Fikri
Jurnal Pembangunan dan Alam Lestari Vol. 17 No. 2 (2026): Jurnal Pembangunan dan Alam Lestari
Publisher : Graduate School of Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.jpal.2026.017.02.02

Abstract

Patient safety should be positioned as the primary normative framework in analyzing responsibility for hazardous medical waste management in hospitals. Modern health law recognizes that patient safety extends beyond clinical competence to encompass the entire institutional system within which healthcare services are provided. Hospitals have a legal obligation to establish and maintain a safe care environment, including infection control, environmental hygiene, and hazardous waste management. However, in modern hospital governance, strategic decisions are often influenced by parties that exercise effective control but are not formally registered as directors or shareholders. However, legal regulations in Indonesia still tend to place responsibility on legal entities and operational implementers, potentially creating an accountability gap. This study uses normative legal methods with legislative, conceptual, and doctrinal approaches. Legal material is analyzed from a descriptive perspective to formulate a legal responsibility construct oriented toward the substance of patient safety control and protection. The research findings indicate that beneficial owners of a hospital can be held legally liable if they are proven to have control or influence over hazardous medical waste management policies. This liability structure can be established through the application of the doctrines of corporate breach of the veil, vicarious liability, and strict liability. In conclusion, beneficial owners can be held legally liable when they exercise effective control over policies that endanger patient safety. This approach enhances patient protection and promotes transparent, accountable, and fair hospital governance.
Ketidaklengkapan Norma Batas Keabsahan Pengesampingan Pasal 1266 Kitab Undang-Undang Hukum Perdata: Normative Incompleteness Regarding the Validity Limits of the Article 1266 Waiver in the Indonesian Civil Code Nur Aini, Putri Aisyah; Djumikasih; Ido Nurhayati, Prawatya
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.5

Abstract

Article 1266 of the Indonesian Civil Code stipulates that the cancellation of a reciprocal agreement due to breach of contract must be requested through a court ruling. In practice, however, waiver clauses excluding this provision are frequently included in various agreements, allowing unilateral termination without judicial proceedings. The central issue examined in this study is the normative incompleteness within the Civil Code, which does not explicitly regulate the validity limits of such waiver clauses, thereby generating multiple interpretations and legal uncertainty. This research employs a normative juridical method and the approaches used in this study include a statutory approach, a conceptual approach, and a case approach. Furthermore, this research aims to interpret the provisions in Article 1266 of the Indonesian Civil Code and to formulate the validity limits of the Article 1266 waiver clause in order to protect the weaker party. The findings reveal that diverging outcomes among the Kepanjen District Court, the Surabaya High Court, and the Supreme Court in the same case stem not from factual differences, but from varying legal bases and reasoning methods applied by judges at each judicial level. The absence of clear normative boundaries compels judges to independently engage in legal discovery, resulting in inconsistent rulings. An examination of scholarly opinions further reveals disagreement on whether Article 1266 is. Most scholars consider it mandatory and non-derogable, while others regard waiver clauses as common and legitimate in commercial contracts. This study concludes that clearer regulation of the validity limits of waiver clauses under Article 1266 is necessary to ensure legal certainty for all contracting parties.
Co-Authors Abdul Rachmad Budiono Afifah Kusumadara Ahmad Shoifi Anandita, Azzavira Salsa Ane Fany Novitasari Ane Fany Novitasari Anggita Tridiani Sirait Baiq Tiffani Yunita Calysta Dwiayu Wisnu Putri Chusnida, Nabilah Dwi Qurbani, Indah Dyah Widhiawati Eliza, Rahmi Elmaila, Izzah Endang Sri Kawuryan FADLI, MOH Faisal Muhammad, Faisal Muhammad Faizin Sulistio Fathul Laila Fathul Laila, Fathul Herlindah Herlindah Hidayat, Fitri I Nyoman Nurjaya I Nyoman Nurjaya Ido Nurhayati, Prawatya Imam Koeswahyono Imam Koeswahyono Imam Koeswahyono Indri Puspitasari, Indri Kasyafi, Haidar Fikri Kusuma Dewi , Amelia Sri Lely Sulthoniah Liora, Noela Luth, Thohir Made Ardia Manap, Norhoneydayatie Abdul Melati Putri Nusa, Luh Putu Ayu Meilina Miftahus Sholehudin Muhammad Azmi Khoirurrijal Muhammad Luthfi Ghifari Muliani, Alisya Natasha Graciela Hastika Nur Aini, Putri Aisyah 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 Santoso, Budi Shinta Hadiyantina Shrimanti Indira Pratiwi Shrimanti Indira Pratiwi Sihabudin SIHABUDIN Stefanus Fernandus Pardosi Stephanie Wilamarta Suci Risma Deta Sukarmi Sukarmi, Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Syaid, Ishma Safira Tata PELITA Thohir Luth Trie Sulistiowarni Widhiawati, Diah Widhiawati, Dyah Widiyanto, Teguh Prastyo Nur Widjanarko, Wildan Kristanto wijaya, Sevi Puri Yenny Eta Widyanti