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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum KUMPULAN JURNAL DOSEN UNIVERSITAS MUHAMMADIYAH SUMATERA UTARA Jurnal IUS (Kajian Hukum dan Keadilan) DE LEGA LATA: Jurnal Ilmu Hukum Unes Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Randwick International of Social Science Journal Jurnal Somasi (Sosial Humaniora Komunikasi) Humantech : Jurnal Ilmiah Multidisiplin Indonesia INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Proceeding International Seminar of Islamic Studies Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesian Journal Education KOLONI Recht Studiosum Law Review Realism: Law Review
Lilawati Ginting
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Religion Arts Humanities Astronomy Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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Juridical Review of the Strength of Electronic Evidence To Proof Online Lending Agreement Meher, Montayana; Ginting, Lilawati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3483

Abstract

Online lending is a financial service provider for the community, with the granting of this online financial service license, it is hoped that the community, whose economy has been affected and has experienced setbacks during the Covid-19 pandemic, can be helped again to carry out their business activities. When viewed from the practical side, online loans are very helpful and make it easy for people to borrow money. Unlike banks or pawnshops that require a lot of administrative requirements and also collateral or collateral. The research in writing this scientific work is normative juridical research. Normative juridical research is research that examines the application of legal rules and norms related to the topic discussed. The nature of this research is descriptive, namely research that analyzes a legal regulation. All electronic documents in online lending and borrowing agreements that are affixed with valid electronic signatures and also carried out in accordance with the standard provisions stipulated in the Civil Code, ITE Law, and Financial Services Authority Regulations, are valid and strong as electronic evidence and have the same position as letter evidence. Therefore, every online lending and borrowing agreement in which the customer defaults, can file a lawsuit for default to the district court with initial evidence in the form of electronic documents.
JURIDICAL ANALYSIS OF BORDER AREA LAND REGISTRATION AND CONSOLIDATION FROM AN ECOSYSTEM PERSPECTIVE THE ERA OF FIVE POINT ZERO DESTRUCTION Ginting, Lilawati; Eddy, Triono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4665

Abstract

Land Registration and Consolidation is a policy in the agrarian and land sector which in a constitutionalist approach is an obligation of the Government in all dimensions of Government management and administration, public services, and all aspects and dimensions of the National life system. Therefore, the author is determined to present the central theme in this journal, namely with the title "Judicial Analysis of Border Area Land Registration and Consolidation in the Ecosystem Perspective of the Five Point Zero Disruption Era".  This type of journal writing focuses on the type of normative legal writing. The data used to analyze the problem in question relies on secondary data. The approach methodology is carried out using legal research, through library research, prioritizing qualitative analysis. The theory used to analyze the problem formulation framework in question is by applying Volkgeist theory as a grand theory, namely, the theory of the national soul based on the theory of Friedrich Carl Von Savigny. As a middle theory, it uses the legal theory of Talcott Parsons, famous for his structural functionalism theory, while the applied theory uses the theory of the law of happiness (utilitarianism) by Jeremy Bentham (applied theory). Referring to the analytical content in this journal, the results are specifically related to land registration and consolidation in border areas in the ecosystem perspective of the five-point zero disruption era, according to the mandate of constitutionalism which must be implemented by the Government in a sustainable manner (sustainability). The main aim is to strengthen the understanding of the sovereignty of the State and nation, understand the sovereignty of the people, understand Indonesia as a rule-of-law state, and at the same time strengthen the understanding of the national economy and social welfare.
Implementasi Asas Pemisahan Horizontal dalam Memberi Kepastian Hukum Bangunan Gedung sebagai Objek Jaminan Fidusia Ginting, Lilawati; Meher, Montayana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4961

Abstract

Asas pemisahan horizontal adalah asas yang memisahkan hak atas tanah dan hak atas atas bangunan gedung baik yang berada di atas maupun di bawah permukaan tanah. Di Indonesia, implementasi asas pemisahan horizontal diwujudkan dengan diterbitkannya surat bukti kepemilikan bangunan gedung (SBKBG) oleh pemerintah berfungsi sebagai bukti kepemilikan dan memfasilitasi penggunaan bangunan gedung sebagai jaminan melalui perjanjian fidusia, sesuai peraturan perundang-undangan. Penelitian ini bertujuan untuk menganalisis implementasi pemisahan horizontal untuk memberikan kepastian hukum terhadap bangunan yang dijadikan objek jaminan fidusia. Penelitian ini merupakan penelitian normative. Adapun hasil penelitian yang diperoleh adalah bahwa pelaksanaan pengikatan bangunan gedung sebagai objek jaminan harus selalu dilengkapi dengan persetujuan tertulis dari pemilik tanah, agar tidak terjadi hambatan pada saat eksekusi objek jaminan fidusia.
The Position of a Marriage Agreement in Providing Legal Protection Against the Impact of Infidelity Jannati, Shafiya Zilfa; Ginting, Lilawati
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66099

Abstract

This study aims to analyze the position and function of prenuptial agreements in the Indonesian marital law system and their role in providing legal protection to parties harmed by infidelity. Infidelity is one of the main causes of marital breakdown that not only generates moral and psychological consequences but also produces legal and economic implications, particularly regarding the division of joint property and the fulfillment of post-divorce rights. This research employs a normative legal method using statutory and conceptual approaches supported by primary, secondary, and tertiary legal materials obtained through literature review. The findings show that prenuptial agreements function as a special legal instrument (lex specialis) that allows spouses to regulate deviations from the joint property regime as long as such arrangements do not contradict statutory law, religious values, and public morality. The legal development following Constitutional Court Decision Number 69/PUU-XIII/2015 expands the timeframe for making marriage agreements so that they may be concluded before or during the marriage. This development strengthens the function of prenuptial agreements as a preventive and repressive mechanism of legal protection against potential marital disputes, including those caused by infidelity. However, the scope of such agreements is legally limited because private parties cannot stipulate criminal sanctions for adultery, as criminal liability may only be determined by statutory law. Nevertheless, prenuptial agreements may regulate various civil consequences, including provisions concerning the division of property, maintenance obligations, compensation, and the protection of the rights of wives and children in the event of divorce due to infidelity. Therefore, a marriage agreement serves not only as an instrument for managing marital assets but also as a legal protection mechanism that anticipates the civil consequences of infidelity within the Indonesian marital law framework.
Legal Protection of Indonesia’s Fisheries from Foreign Investment: A Social-State Approach Hanifah, Ida; Hariyanto, Hariyanto; Ginting, Lilawati; Koto, Ismail; Syafriana, Rizka
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1964

Abstract

The fisheries sector is at the criticality of Indonesia’s maritime sovereignty, economic resilience and coastal communities’ livelihood security. Simultaneously, the increase in foreign investments on marine and fisheries activities has aroused big apprehensions over resource depletion, inequality in profit sharing as well as diminishing power of small-scale fishers. This is further complicated by Indonesia’s overlapping legal regimes, particularly the Fisheries Law and the Investment Law, as well as international ones such as UNCLOS. This study focuses on the legal protection in Indonesia regarding the fisheries sector affected by foreign investment, to see from normative and scientific perspectives. It also aims to offer directions for how regulatory reform can be shaped through a social-state perspective. The study with semi-structure qualitative descriptive method use Systematic Literature Review (SLR) followed by bibliometric analysis using VOSviewer and PRISMA mapping. Initially, 128 articles published from 2021 to 2025 underwent a screening process by following the Global PRISMA model as per meta-analysis standards; finally, 20 articles met the final inclusion criteria. Results indicate that ongoing discourses are still mostly governed by technocratic and punitive law-making processes. Thus, little attention is paid to the legal re-establishment in accordance with principles of distributive justice, ecological sustainability and effective involvement of the community. Regulatory gaps arise from unclear legal protection for small-scale fishers, and poor integration of the fisheries policy within the broader across marine governance framework. These gaps have resulted in fragmented protection and unequal benefit sharing from fish resources of Indonesia. This research advocates for a state–based regulatory model which empowers the state to act more strongly as both protector and distributor of maritime goods. This framework should be centered on issues of ecological justice, rigorous control over foreign investment, and an increased role for coastal communities in governance of fisheries. The research effort aids the creation of equitable, participatory, and sustainable legal policies for marine and fisheries in Indonesia.
KURANGNYA PELAYANAN TERHADAP PASIEN BPJS SEBAGAI KONSUMEN KESEHATAN Listy Fadilla Utami; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v1i4.327

Abstract

The purpose of this writing is to discuss social inequalities that often occur in the health sphere, where the presence of the BPJS Kesehatan program is expected to provide good health services regardless of economic and social status, but in its implementation there are still often non-fulfillment of the rights of people who use BPJS Kesehatan. , even though Health BPJS is issued by the government to obtain health insurance as stipulated and contained in the Law of the Republic of Indonesia No. 40 of 2004 concerning the National Social Security System, it is organized nationally based on social insurance principles and equity principles with the aim of ensuring that participants or patients receive health care benefits and protection in meeting health needs. In principle, legal protection for BPJS Health participants is in accordance with the laws and regulations related to the BPJS Health program, but the implementation of legal protection is still ineffective. Analyzing the service problems in BPJS Health is still not providing good service to participants as BPJS Health patients. Keywords: legal protection, BPJS patients, services
PERLINDUNGAN HUKUM KONSUMEN ATAS PEMBATALAN TIKET PESAWAT Diana Mora Jambak; Nabilla Zaskia Putri; Lilawati Ginting
KOLONI Vol. 1 No. 4 (2022): DESEMBER 2022
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/koloni.v1i4.356

Abstract

Issues regarding compensation for flight cancellations during a pandemic must be resolved is a concern of the government as a policy maker and airlines as a responsible party according to laws and international conventions concerning air transportation, one of which is the Aviation Law and the Consumer Protection Law. Covid-19 are causing problems regarding the form of cash compensation which was replaced with a voucher and the return procedure which was considered to be many times longer and even threatened that no compensation would be given. Therefore, the author analyzes to find out the factors that cause these problems and how airline responsibility and consumer protection should be in terms of laws and regulations. In addition, there was a significant spike at one time in requests for cancellation and the following Government Regulation No. 25 of 2020, which abolished the cash refund policy, turned out to be one of the factors in the increasing number of consumer complaints about compensation issues and has clearly contrary to the laws and regulations.
Co-Authors Adhillah Nasution, Ummi Aksa, Febi Sabrina Asliani Diana Mora Jambak Hanifah, Ida HARIYANTO HARIYANTO Hasibuan, Sevina Rezika Ida Hanifah Jannati, Shafiya Zilfa Karmila Suryani Koto, Ismail Listy Fadilla Utami Lubis, Syofiaty Mirsa Astuti Montayana Meher Mulya Ardiansyah Rambe Mulya Ardiansyah Rambe Mutiara, Tasya Delvita Nabilla Zaskia Putri Onny Medaline Rizka Syafriana Stepya, Chorry Triono Eddy