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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Riwayat: Educational Journal of History and Humanities Advances In Social Humanities Research Journal of Law and Social Politics
Isis Ikhwansyah
Universitas Padjadjaran
Humanities Education Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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STUDI PERBANDINGAN KLAIM ATAS PEKERJAAN TAMBAH KURANG PADA FIDIC SILVER BOOK 2017 DAN HUKUM POSITIF DI INDONESIA Denisa Sugih Ayu; Isis Ikhwansyah; Purnama Trisnamansyah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.290

Abstract

Contractors and Employers often experience additional or reduced work, especially on EPC Projects due to the complexity of the project. Based on this, the Contractor or Employer submits a claim for the addition or revocation of the work. In practice, Contractors often experience misery related to work together with the actions of dominant Employers because there are no rules in positive law in Indonesia. This raises signs of non-compliance which is reflected in practice with the FIDIC Silver Book 2017 guidelines. This study aims to see the conformity of the implementation of verbal added-less claims on the EPC Project with the construction contract requirements in the FIDIC Silver Book 2017 with Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods/Services, as well as knowing the form of legal protection for Contractors in the event of claims for work overload at the EPC Project by linking Indonesia's Positive Law with the FIDIC Silver Book 2017. This study uses a research method that has a normative legal approach and a comparative legal approach to construction claim settlement agreements. The specification of the research is descriptive analysis by providing a detailed and systematic description. Based on the research results, it can be concluded two things. First, in the terms of the FIDIC Silver Book 2017 construction contract, claims for additional work must be made in writing and are not permitted in oral form, while Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services does not stipulate additional or less verbal job requirements. Second, actions that can be taken to provide legal protection to Contractors listed in Article 20 of the FIDIC Silver Book 2017 which expressly provides for a claim process for additional or less work if the Contractors in this case has the right to an extension of time, settlement or additional payment, submitted within a maximum period of 28 days, whereas in Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services does not provide a clear form of legal protection for Contractors
Port Closure Due to the Covid-19 Pandemic in the Law of Carriage of Goods By Sea and Unidroit Principles of International Commercial Contracts Syifa Salsabila Misridaputri*; Isis Ikhwansyah; Purnama Trisnamansyah
Riwayat: Educational Journal of History and Humanities Vol 6, No 2 (2023): Social and Religious Aspect in History, Economic Science and Law
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i2.30098

Abstract

Port closure as an effort to slow the spread of the Covid-19 virus has had various impacts, such as port congestion which has led to delays and drastically increased transportation costs. This study examines the impacts caused by port closures and legal remedies that can be taken based on international sea transport law. Losses due to port closures cannot be borne by the carrier based on the conventions  of sea shipping law as long as the carrier can prove that the fault was not his own. The closure of the port can be categorized as a hardship, in which there are fundamental changes that affect the agreement, namely the increase in shipping costs and delays. efforts that can be made based on the UPICC are renegotiation, and if it fails, the parties can seek a dispute settlement through the courts. In implementing the agreement, the parties must prioritize the principle of good faith and prove that the losses incurred and losses did not originate from themselves.
From Moral Threshold to Measurable Parameter, Reconstruction of Extremely Unjust Law (Gustav Radbruch) Through the Layered Justice Index Ulhaq Ulhaq; Isis Ikhwansyah; Tri Handayani
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.112

Abstract

Background: Modern law reveals a persistent tension between legal certainty and justice, particularly when positive law legitimizes outcomes that contradict human values, as illustrated by Indonesia’s insolvency law practice. Gustav Radbruch’s three fundamental values of law and the Radbruch Formula remain relevant for assessing the limits of validity of positive law. Objective: This study analyzes Radbruch’s conceptual framework of law’s three fundamental values, examines the function of the Radbruch Formula in determining legal validity, and formulates operational parameters for extremely unjust law. Methods: This research employs a normative legal method with a descriptive-analytical approach through library research, drawing on primary, secondary, and tertiary legal materials. Data were collected through document analysis and analyzed qualitatively to synthesize concepts into parameters for identifying extremely unjust law. Results: The results show that law reaching an extreme level of injustice loses its normative legitimacy and binding force; therefore, justice must take precedence over legal certainty in such cases. Indicators include human rights violations, systematic discrimination, denial of due process, inconsistency with constitutional principles, and violations of proportionality, operationalized through the Layered Justice Index as a systematic tool for measuring legal injustice. Conclusion: This research bridges Radbruch’s theory with contemporary legal practice, offering policymakers and judges a measurable, human-value oriented framework for assessing legal validity.
URGENSI PENGGUNAAN TELEX RELEASE DALAM PROSES PENYELENGGARAAN PENGANGKUTAN BARANG MELALUI LAUT DI INDONESIA: THE URGENCE OF USING TELEX RELEASE IN THE PROCESS OF ORGANIZING THE TRANSPORTATION OF GOODS THROUGH SEA IN INDONESIA Salfia Putri Sakina; Isis Ikhwansyah; Purnama Trisnamansyah
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 3 (2022): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (956.833 KB) | DOI: 10.55606/jhpis.v1i3.483

Abstract

Indonesia is one of the countries that has implemented the telex release process in the implementation of the transportation of goods by sea. Telex release is the process of digitizing the bill of lading because the delivery of the document is sent via email from the carrier to the sender. However, the regulations governing the operation of sea transportation in Indonesia have not explicitly accommodated telex releases, even though in practice telex releases have been used in the implementation of sea transportation in Indonesia. Efforts that can be made to optimize the use of telex releases are by accommodating the principles contained in international instruments related to sea transportation law, making rules and norms related to the use of telex releases, considering Indonesia's membership in international organizations in the field of sea transportation, and creating the process of organizing sea transportation in Indonesia becomes more effective and efficient through the use of telex releases.
Insolvency Period Limits in Cases of Bankruptcy Estate Sales by Separatist Creditors in Relation to Sustainable Economic Development Bagus Wicaksono; Isis Ikhwansyah; Nyulistiowati Suryanti
Advances In Social Humanities Research Vol. 4 No. 10 (2026): Advances In Social Humanities Research (Issue in Progres)
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i10.693

Abstract

This study aims to analyze the legal framework governing insolvency period limits and their contribution to creditor protection within the broader framework of sustainable economic development in Indonesia. Under Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UU KPKPU), a debtor may be declared bankrupt upon satisfying relatively simple statutory requirements without undergoing a substantive insolvency test. This study employed a normative legal research method using statutory and conceptual approaches. Secondary data comprising primary, secondary, and tertiary legal materials were analyzed qualitatively to identify legal gaps and formulate a proposed reconstruction of insolvency regulation. The findings indicate that the absence of explicit insolvency tests, such as the balance sheet test or cash flow test, may create legal uncertainty, increase the risk of misuse of bankruptcy proceedings, and potentially expose solvent companies to bankruptcy, thereby affecting economic stability. Accordingly, this study proposes a legal reconstruction incorporating objective insolvency criteria into Indonesia’s bankruptcy framework. The proposed framework is expected to strengthen creditor protection, enhance investor confidence, and promote the use of bankruptcy proceedings as a mechanism for addressing genuine financial distress rather than merely as a means of debt collection. Establishing clear insolvency criteria and legally defined time limits could strengthen financial market stability and contribute to long-term sustainable economic development through a more balanced and equitable bankruptcy framework for relevant business stakeholders.
Co-Authors Bagus Wicaksono Denisa Sugih Ayu Nyulistiowati Suryanti Purnama Trisnamansyah Salfia Putri Sakina Syifa Salsabila Misridaputri* Tri Handayani Ulhaq Ulhaq