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All Journal LEX CRIMEN Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Gema Wiralodra Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Journal Equity of Law and Governance Journal of Social Research Jurnal Smart Hukum (JSH) AGRI-SOSIOEKONOMI Innovative: Journal Of Social Science Research Research Horizon Anayasa
Grenaldo Ginting
Universitas Kristen Indonesia Tomohon
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Jurnal Smart Hukum (JSH)

 1 
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Henny Saida Flora; Grenaldo Ginting; Ningrum Ambarsari; Marjan Miharja; Dolfries Jakop Neununy
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.
The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia Baan, Bram B; Ginting, Grenaldo; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1116

Abstract

The realisation of human rights constitutes a crucial element in the establishment of social justice and the safeguarding of individual dignity. In Indonesia, legal policies pertaining to human rights have evolved since the advent of the reform era, with the advent of numerous regulations and the establishment of institutions dedicated to the protection of human rights. This research employs a literature study method to analyze the impact of legal policies on human rights enforcement in Indonesia. The study analyzes relevant regulations, legal precedents, and academic literature to identify challenges and opportunities in the implementation of human rights policies. The findings reveal that, although Indonesia has witnessed significant advancements in the legislative realm, persistent challenges persist in ensuring consistent policy implementation. These obstacles encompass deficiencies in law enforcement, shortcomings in institutional competence, and the influence of political dynamics upon policy implementation. Hence, enhancements in legal governance and the fortification of human rights institutions are indispensable to guarantee the effective enforcement of human rights in Indonesia.
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era Simamora, Pinta N. S.; Ginting, Grenaldo; Rantung, Cindy Mariam Magdalena; Kaunang, Pingkan Dewi; Dewi, Putri Maha
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1272

Abstract

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.
Climate-Induced Displacement and International Human Rights Law: Addressing Legal Gaps in Protecting Environmental Migrants Ginting, Grenaldo; Ginanjar, Seandy; Andi, Andi; Lindawati, Lindawati; Sumilat, Rohyani Rigen Is
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1595

Abstract

Climate change has emerged as a significant driver of human displacement, forcing millions of people to leave their homes due to environmental degradation, extreme weather events, and rising sea levels. This study examines the legal protection gaps facing environmental migrants under international human rights law through a comprehensive qualitative analysis. The research employed document analysis, case study examination, and policy review to investigate how current international legal frameworks fail to adequately protect climate-displaced persons. Key findings reveal that the 1951 Refugee Convention excludes environmental displacement from its protection scope, leaving millions without legal status or rights. The landmark Teitiota v. New Zealand case established important precedent recognizing climate change as a potential trigger for non-refoulement obligations under international human rights law, particularly Article 6 of the International Covenant on Civil and Political Rights. However, significant gaps persist in complementary protection mechanisms, regional frameworks, and national implementation. The study identifies 218 million internal displacements globally due to weather-related disasters between 2013-2023, with an estimated 170 million people potentially displaced by 2050. Legal analysis demonstrates that while international human rights law provides broader protection potential than refugee law, extraterritorial obligations remain unclear and application inconsistent. The research concludes that comprehensive legal reform is urgently needed, including expanded complementary protection mechanisms, clearer non-refoulement obligations for climate displacement, and strengthened regional cooperation frameworks to address this growing humanitarian crisis.
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ambarsari, Ningrum; Miharja, Marjan; Neununy, Dolfries Jakop
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.
The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia Baan, Bram B; Ginting, Grenaldo; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1116

Abstract

The realisation of human rights constitutes a crucial element in the establishment of social justice and the safeguarding of individual dignity. In Indonesia, legal policies pertaining to human rights have evolved since the advent of the reform era, with the advent of numerous regulations and the establishment of institutions dedicated to the protection of human rights. This research employs a literature study method to analyze the impact of legal policies on human rights enforcement in Indonesia. The study analyzes relevant regulations, legal precedents, and academic literature to identify challenges and opportunities in the implementation of human rights policies. The findings reveal that, although Indonesia has witnessed significant advancements in the legislative realm, persistent challenges persist in ensuring consistent policy implementation. These obstacles encompass deficiencies in law enforcement, shortcomings in institutional competence, and the influence of political dynamics upon policy implementation. Hence, enhancements in legal governance and the fortification of human rights institutions are indispensable to guarantee the effective enforcement of human rights in Indonesia.
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era Simamora, Pinta N. S.; Ginting, Grenaldo; Rantung, Cindy Mariam Magdalena; Kaunang, Pingkan Dewi; Dewi, Putri Maha
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1272

Abstract

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.
Co-Authors Ahmad Burhanuddin, Ahmad Ambarsari, Ningrum Amer, Nabih Andi Andi Arief Fahmi Lubis Baan, Bram B Cindy Mariam Magdalena Rantung Cindy Rantung Dewi, Putri Maha Dolfries Jakop Neununy Endrawati, Eka Ari Fajrin, Yaris Adhial Ganap, Nita Cicilia Ginanjar, Seandy Hady, Sultan Hamid, Helson Henny Saida Flora Janesandre Palilingan, Janesandre Jhonly Wendur Johanis L.S.S. Polii Karel Wowor Lindawati Lindawati Meinarni, Ni Putu Suci Miharja, Marjan Mohamad Hidayat Muhtar Neununy, Dolfries Jakop Ningrum Ambarsari Nopesius Bawembang Pingkan Dewi Kaunang Pinta Nadia Simamora, Pinta Nadia Putra, Irman Putri, Viorizza Suciani Rasyid, Muh. Fadli Faisal Rigen Sumilat Sendow, Martha Mareyke Sumilat, Rohyani Rigen Is Suningrat, Nining Utama, Liza Wandik, Yanora Wendur, Jhonly Wori, Herman Wowor, Karel