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All Journal Ajudikasi : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Bakti Masyarakat Indonesia Jurnal Hukum Lex Generalis Jurnal Kewarganegaraan Journal Indonesia Law and Policy Review (JILPR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal Ilmu Multidisplin JGuruku: Jurnal Penelitian Guru Jurnal Serina Abdimas
Rasji
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Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Relevansi Filsafat Hukum dalam Mewujudkan Independensi Kejaksaan Republik Indonesia Rasji; Aditya Pradana, Yudha
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.980

Abstract

The independence of the Attorney General's Office of the Republic of Indonesia is a fundamental factor in realizing a fair and free justice system from external intervention. However, in practice, many obstacles are faced, including how to apply legal philosophy in the policies and institutional practices of the Attorney General's Office to maintain its independence and how relevant legal philosophy is in realizing the independence of the Attorney General's Office of the Republic of Indonesia. The research method used is normative legal research sourced from secondary data. The results of the study indicate that the application of legal philosophy in the institutional policies and practices of the Attorney General's Office of the Republic of Indonesia has a crucial role in maintaining its independence as a law enforcement institution. The independence of the Attorney General's Office must be realized through policy reforms that emphasize the autonomy of prosecutors in the prosecution process, strengthening internal oversight mechanisms, and increasing the integrity and professionalism of law enforcement officers. Legal philosophy has strong relevance in forming a conceptual foundation for the institutional independence of the Attorney General's Office. The Attorney General's Office must act based on law, ethics, and the interests of justice, not certain political or economic interests. Without strong independence, the Attorney General's Office risks losing credibility and becoming a tool of power.
Perspektif Filsafat Hukum terhadap Kepailitan dan Keadilan Bagi Pekerja Dalam Kasus Sritex Rasji; Hafendi, Doni
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.986

Abstract

This study aims to examine the application of justice and legal certainty principles in the bankruptcy process of PT Sritex from a legal philosophy perspective. The research method used is normative juridical with statutory, case, and philosophical analysis approaches. The discussion reveals that although positive law mandates the protection of workers' rights, in practice there is a disparity in prioritizing secured creditors over workers. Legal epistemology highlights how legal knowledge in the Sritex case tends to favor economic power over substantive justice for vulnerable groups. Court decisions are seen as neglecting distributive justice and overlooking the humanistic dimension of law enforcement. The theory of legal certainty becomes crucial as the bankruptcy process causes uncertainty among workers and creditors regarding their rights. Satjipto Rahardjo's progressive law approach argues that law should side with the weak, calling for reform in the bankruptcy mechanism toward social justice. In conclusion, Indonesia’s bankruptcy system must be reformed to strengthen worker protection through fair debt settlement schemes and regulations that ensure inclusive legal certainty.
Tantangan terhadap Privasi dan Kebebasan Berpendapat di Indonesia pada Era Digital: Analisis Pandangan Filsafat Hukum Rasji; Priyono, Muhammad Yogi Septiyan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.987

Abstract

This study aims to analyze the regulatory challenges and dilemmas concerning the right to privacy and freedom of expression in Indonesia’s digital era through the lens of legal philosophy. The research method employed is normative, using statutory and conceptual approaches with descriptive-analytical analysis. The digital era blurs the lines between privacy and freedom of expression, where both often intersect in online public spaces. In legal philosophy, privacy is not only a personal sphere but also a domain shaped by state and institutional power through digital surveillance. Meanwhile, freedom of expression, while foundational to democracy, is vulnerable to misuse for spreading hate speech or disinformation. Indonesian law recognizes these rights through constitutional and statutory guarantees, yet their implementation faces structural and technical challenges. Legal philosophy plays a critical role in balancing these rights by emphasizing justice, legal morality, and human dignity. In conclusion, a reform of digital law is needed—one that is not only technically adaptive but also grounded in ethical and philosophical values to ensure equal protection of privacy and freedom.
Hukum sebagai Alat Rekayasa Sosial: Gagasan Roscoe Pound dan Relevansinya Bagi Reformasi Hukum di Indonesia Rasji; Chandra, William; Hamonangan, Marcellius Kirana
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.989

Abstract

This article aims to examine the concept of law as a tool of social engineering based on Roscoe Pound’s theory and its relevance within the Indonesian legal system. The study employs a normative juridical approach, using conceptual, historical, and comparative methods. Findings show that although Indonesia adopts a civil law system with legalistic tendencies, social engineering through law is still possible via legislative reform and strengthening law as an agent of change. The adapted ideas of Pound by Mochtar Kusumaatmadja and Satjipto Rahardjo indicate that law must remain responsive and adaptive to social demands. This article emphasizes the importance of integrating legal theory with public policy in advancing national legal reform.
Perbankan Syariah di Indonesia: Kajian Kritis atas Legislasi dan Implementasinya Rasji; Ichsandi, Muhammad Wildan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1043

Abstract

This study aims to analyze the implementation of legal politics in the development of Islamic banking in Indonesia and its contribution to the national economy. The method used is a normative juridical approach through statutory analysis and the progressive legal theory framework. The discussion shows that Islamic banking regulation in Indonesia evolved from Law No. 7 of 1992 to Law No. 21 of 2008, reflecting official recognition of a sharia-based financial system. Although legal frameworks exist, implementation faces philosophical (transparency), sociological (social stigma and HR), and juridical (technical gaps) challenges. Through the lens of progressive legal theory, Islamic banking law is seen not only as normative but also transformative for achieving social justice. Islamic banks play a crucial role in economic redistribution and empowering marginalized communities through ethical financing schemes. Regulatory synergy, public education, and institutional strengthening are essential to ensure the realization of substantive justice in practice. In conclusion, strengthening Islamic banking as a tool of social transformation requires adaptive regulation and consistent enforcement to support a just, inclusive, and sustainable national economic system.
Analisis Hukum Perjanjian Kredit di Bank Konvensional dalam Perspektif Perlindungan Rafliyansyah; Rasji
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1182

Abstract

Credit agreements in conventional banks play an important role in supporting economic development, but they pose challenges for legal protection for debtors due to the imbalance of rights and obligations in standard agreements. A juridical analysis of banking regulations and practices shows that although the principle of prudence and POJK No. 42/POJK.03/2017 have been implemented, the resolution of defaults still often occurs through litigation, which is less effective and does not optimally protect debtors. This research concludes the need for regulatory updates and non-litigation dispute resolution mechanisms to strengthen debtor legal protection.
Validity of A Notarial Deed Made Without the Presence of the Presence Desy Agatha Sari; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.854

Abstract

The Notary is obliged to read the deed in the presence of the audience and therefore is obliged to face the Notary. On the other hand, it will have an impact on the deed becoming invalid and the Notary's civil liability. This research is normative legal research using statutory and case approaches, with the source of research material being secondary data obtained through a literature study. The results of this research show that, philosophically, the legality of a Notary's deed made without the presence of an audience is related to truth and justice, that with the presence of an audience, it is true that the audience is present so that he can listen to the contents of the deed read by the Notary so that the deed becomes valid because its truth can be accounted for. Juridically, the presence of an audience in front of a Notary when making a deed is a provision of Article 16 paragraph (1) letter m UUJN which states that a Notary in carrying out his or her position is obliged to read the deed in the presence of the audience so that the Notary's deed becomes valid if it is based on this juridical provision. The validity of Notarial deeds made without the presence of an audience according to Supreme Court Decision Number 1615 K/Pdt/2018/2020 is that the deeds were declared invalid and null and void, and the Notary was deemed to have committed an unlawful act because the plaintiff was proven to have never appeared before the Notary.
Legal Responsibility of the Regional Supervisory Council of Notaries for Sanctioning a Written Reprimand to a Notary Contrary to the Norms of Article 53 Paragraph (2) of the Law on State Administrative Courts Eka Aprilia; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.1036

Abstract

This research aims to determine the legal responsibility of the notary regional supervisory board which has given a written warning sanction to the notary which is contrary to the norms of Article 53 paragraph (2) of the PTUN Law and to find out the legal remedies that the notary can take against the decision of the notary regional supervisory board which has been stated wrong by the PTUN according to Notarial Legal Perception. The research method used is normative juridical legal research. The results of the research show that the legal responsibility of the Notary MPW in giving written warning sanctions to notaries must be carried out carefully and under provisions aimed at maintaining the integrity of the notary profession, protecting the rights of notaries, and ensuring that the supervision process is carried out objectively and transparent. Notaries disadvantaged by MPW decisions declared wrong by the PTUN have several legal routes that can be taken to defend their rights. This step includes filing an appeal, a civil lawsuit, and efforts to rehabilitate the good name. Notaries need to follow proper legal procedures and obtain adequate legal advice to optimize the chances of success in their legal efforts. This legal route reflects justice and protection of notary rights in the notarial legal system in Indonesia
Validity of the Collective Agreement in Terminating a Fixed Term Employment Agreement According to Labor Law Michele Fedryca; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.1071

Abstract

The termination of a fixed-term employment agreement (PKWT) is regulated by applicable laws and regulations, including but not limited to the Employment Law. A PKWT can automatically terminate upon the expiration of the agreed-upon term, or it may also be terminated prior to the specified time if there are valid reasons, such as a breach of contractual provisions, force majeure circumstances, or mutual agreement between the parties. The termination procedure must be carried out in accordance with the provisions written in the agreement, with written notice provided to the other party within a sufficient timeframe for that party to make necessary preparations. Employees are entitled to receive all rights stipulated in the agreement, including but not limited to salary, benefits, and other entitlements, until the last day of employment. Conversely, the employer is obligated to provide valid and clear evidence of termination to avoid disputes in the future. If the termination is conducted in a manner that does not comply with the procedure or without a justifiable reason, the employee has the right to file a lawsuit to claim their entitlements. Therefore, it is essential for both parties to understand and adhere to the provisions contained in the employment agreement and to ensure that there are clear clauses regarding the conditions and procedures for terminating the agreement.
The Obstacles in Electronic Land Rights Registration and Their Solutions in land Sale and Purchase Cases Yohanes; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.1144

Abstract

Abstract: This study analyzes the resolution of obstacles to electronic land rights registration in land sale and purchase cases. The rules in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2023 concerning the issuance of electronic documents in land registration activities. This regulation regulates the issuance of electronic documents in land registration activities by setting limits on the terms used in its regulations. However, there are obstacles found in the implementation of land rights registration which were studied by the author using descriptive-analytical research methods, secondary data sources, and primary data, obtained from library research, and interviews with related parties. The results of this study are that land rights in the sale and purchase case cannot be registered because the buyer was declared dead shortly after the signing and there were registration obstacles in the PPAT account after confirmation to the relevant land agency, the heirs of the buyer are required to make a court decision. Keywords: Deed; Applicant; Official Certifier Of Title Deeds; Electronic Certificate.
Co-Authors Abdullah Zimah, Amelia Aditya Pradana, Yudha Adre Wiradi, Dio Akhirudin Alexander Nainggolan, Matthew Apriza, Nathania Aurelius Steven Beale Ayi Meidyna Sany Banjarnahor, Shalom Inka Nauli Bayu Prasetyo, Bayu Bravo, Antonio Candra, Destiana Vani Christian Samuel Lodoe Haga Darmansyah, Erick Delicia, Nadya Frisca Desy Agatha Sari Djaja, Rafael Christian Eka Aprilia Ela Suryani Ellen Juwita, Dhiny Evelyn, Silvia Farell David Trawocoadji Febriany Fernandha, Rizqy Dini Geraldi, Kaniko Dyon Giovanni Cornelia Goldwen, Filshella Graciella Azzura Putri Ananda Gunawan, Devika Graciella Hafendi, Doni Hamonangan, Marcellius Kirana Harmono, Harry Ichsandi, Muhammad Wildan Ida Kurnia Imanuela, Pricillia Inas Tsabitah, Talitha Jedyzha Azzariel Priliska Jusuf Habibie Hasta, Baharuddin Lie, Sherley Louissa Nobel Tan Matheus, Juan Melia Metanoya, Finsri Michele Fedryca Michelle Audrey Serena Nadilatasya, Putri Meilika Neshya Rusli, Vennia Ngabut, Rupertus Arvinci Noble Effendi, Kevin Nuzan, Namira Diffany Octavia, Christine Permatasari, Yofi Priyono, Muhammad Yogi Septiyan R. Rahaditya R.M. Gatot P Soemartono Rafliyansyah Rheina Aini Safa’at Salwa, Arya Sandra Dewi Putri Pahlawan Sebastian Matondang, Matthew Mikha Shalom Inka Nauli Banjarnahor Simarmata, Michael Kalep Sofian Syafiqah Aggistri, Zayyan Syahril, Shintamy Nesyicha Tabitha Roulina Anastasya Tansir, Charisse Evania Trisetya, Aurel Aprilia Annisya Vera Tua Tobing Veronica, Shindy Whisnu Aji P. S William Chandra Yanuar Putra Erwin Yohanes Yuniati