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All Journal Amsir Law Jurnal (ALJ) International Journal of Business, Law, and Education Jurnal Litigasi Amsir Journal of Indonesian Scholars for Social Research INJURITY: Journal of Interdisciplinary Studies ARMADA : Jurnal Penelitian Multidisiplin Golden Ratio of Law and Social Policy Review (GRLSPR) Amsir Community Service Journal Advances in Taxation Research Celebes Journal of Community Services Vifada Assumption Journal of Law Fundamental : Jurnal Ilmiah Hukum
Saputra, Tri Eka
Fakultas Hukum, Universitas Mega Buana Palopo
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EFFORTS TO OVERCOME- DIS-HARMONIZATION OF REGIONAL REGULATIONS TO REALIZE HARMONIOUS REGIONAL REGULATION Nasir, Citra; Attas, Nasrah Hasmiati; Saputra, Tri Eka; Susanto, Cristofer
International Journal of Business, Law, and Education Vol. 3 No. 2 (2022): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v3i2.471

Abstract

Every law formed should be consistentand harmonious with other laws and regulations, but it does not rule out possibility that laws and regulations turn out to be contrary to higher and / or equivalent law and regulation. For example, at the regional level, it is often found that the substance of local regulations is considered problematic so that it must be canceled or revised, so that strategic steps are neededin order to overcome this. Thisresearch aims to determine efforts to overcome disharmonization of regional regulations. The type of researchused is a normative legal research method with a statutory approach (statute approach) and a conceptual approach (conceptual approach), which is further analyzed deductively. The results of the research are an effort to overcome the disharmonization of regional regulations through preventive supervision in the formation carried out by the central government before local regulations are ratified and promulgated, in the form of facilitation and evaluation to ensure the formation of regional regulations has met good regional regulations. In the meantime, strict oversight is conducted on local regulations that have been enacted and hold legal authority. These regulations are subject to two types of supervision: internal supervision, which involves providing clarifications without the power to cancel but only making recommendations; and external supervision, which is carried out by the Supreme Court to annul the Bylaw.
The Effectiveness of The Settlement of Alleged Criminal Offences of Insult or Defamation Through Electronic Media with Restorative Justice at The Investigation Stage Heriyanto, Heriyanto; Saputra, Tri Eka; Ichsan, Nursyamsi; Susanto, Cristofer
International Journal of Business, Law, and Education Vol. 3 No. 2 (2022): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v3i2.474

Abstract

Restorative justice aims for legal settlement to create an agreement on the settlement of criminal cases. This research study aims to find the effectiveness of the settlement of alleged criminal offences of insult or defamation through electronic media at the investigation stage. This type of research is descriptive qualitative research using a combination approach between doctrinal (normative) and non-doctrinal (empirical) research. The results showed that the settlement of alleged criminal offences of insult or defamation through electronic media with restorative justice at the investigation stage has been effective. This is measured by the level of knowledge of Law Enforcement Officials and the public that has been sufficient and the dominant respondent considers that the justice of the victim can be fulfilled through restorative justice. However, there is still a need for regulations at the level of laws that can serve as guidelines for law enforcement officials in handling criminal cases.
Force Majeure In The Perspective Of The Concept Of Justice In Modern Business Contracts: A Study Of The COVID-19 Pandemic Tri Eka Saputra; Muh. Askaruddin Askaruddin; Nurul Qamar Nurul Qamar; Muhammad Kamal Muhammad Kamal
ARMADA : Jurnal Penelitian Multidisiplin Vol. 4 No. 3 (2026): ARMADA : Jurnal Penelitian Multidisplin, March 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v4i3.1910

Abstract

This study is motivated by the tension between legal certainty and justice in the application of force majeure in modern business contracts during the COVID-19 pandemic, when force majeure clauses often fail to protect structurally weaker parties. This study aims to critically examine the concept, application, and interpretation of force majeure in the Indonesian contract law system and reconstruct it as an instrument for correcting injustice that is oriented towards balancing the interests of the parties. The research uses a normative legal method with a legislative and conceptual approach, relying on the analysis of primary, secondary, and tertiary legal materials collected through literature studies and analyzed qualitatively and prescriptively. The results show that force majeure in practice is more often operated as a formalistic exculpatory mechanism than as a means of fair risk redistribution, so that the burden of pandemic losses tends to be concentrated on small businesses and parties with weak bargaining positions. Through the integration of corrective and distributive justice theories, the principle of freedom of contract, good faith, and public policy in times of crisis, this study offers a layered interpretive framework that encourages renegotiation, proportional loss sharing, and protection of vulnerable parties. These findings imply the need to redesign force majeure clauses, strengthen the orientation toward justice in contract dispute rulings, and develop policies that synergize private contracts with social justice objectives. The agenda for further research remains open
Co-Authors Abbas Amdaryono Saputra Barthos, Megawati Citra Nasir Fausiah, Rafikah Gilang, Abbas Heriyanto Heriyanto Ibbank Ilyas Muh. Askaruddin Askaruddin Muhammad Kamal Muhammad Kamal Nasrah Hasmiati Attas Nurul Qamar Nurul Qamar Prabowo, Rahmat Eko Purwanti, Nina Putri, Geizy Azhari Rahmat Eko Prabowo Rustan, Rustan Saputra, Amdaryono Susanto, Cristofer