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The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.295

The rejection of the Temporary Advocate Identification (TPSA) by judicial panels in court proceedings presents significant legal and constitutional concerns, particularly with respect to the principles of legal certainty and the client’s right to legal representation. This study seeks to examine the legal status of the TPSA based on Indonesia’s positive legal framework, especially in relation to Law No. 18 of 2003 on Advocates and its implementing regulations. Furthermore, it evaluates the authority of advocate organizations in issuing identification cards as a means of establishing professional legitimacy. Utilizing a normative legal method combined with case study analysis of selected judicial decisions, this research finds that although TPSA is not explicitly regulated in statutory provisions, it possesses a valid administrative foundation. The rejection of TPSA in court proceedings has adverse implications for the constitutional rights of advocates and impairs clients’ access to legal counsel. Accordingly, the study recommends the establishment of formal regulatory recognition of TPSA to promote legal equality, procedural consistency, and the effective exercise of the right to defense within the judicial system.

The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.295

The rejection of the Temporary Advocate Identification (TPSA) by judicial panels in court proceedings presents significant legal and constitutional concerns, particularly with respect to the principles of legal certainty and the client’s right to legal representation. This study seeks to examine the legal status of the TPSA based on Indonesia’s positive legal framework, especially in relation to Law No. 18 of 2003 on Advocates and its implementing regulations. Furthermore, it evaluates the authority of advocate organizations in issuing identification cards as a means of establishing professional legitimacy. Utilizing a normative legal method combined with case study analysis of selected judicial decisions, this research finds that although TPSA is not explicitly regulated in statutory provisions, it possesses a valid administrative foundation. The rejection of TPSA in court proceedings has adverse implications for the constitutional rights of advocates and impairs clients’ access to legal counsel. Accordingly, the study recommends the establishment of formal regulatory recognition of TPSA to promote legal equality, procedural consistency, and the effective exercise of the right to defense within the judicial system.

The Legal Force of Article 1977 of the Indonesian Civil Code Regarding Ownership of Unregistered Movable Property Camelia, Noer Dini; Rifai, Achmad; Heryanti, Febrina; Lutfiadi, Lutfiadi; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.332

Technological and socio-economic developments have generated significant challenges for the application of Article 1977 of the Indonesian Civil Code (Burgerlijk Wetboek/BW), which governs ownership of unnamed movable property. Normatively, this provision stipulates that possession is deemed equivalent to ownership. However, in practice, difficulties arise in relation to modern electronic devices such as mobile phones and laptops, which can be uniquely identified through IMEI codes or serial numbers. This study examines the binding force of Article 1977 of the Civil Code, explores the legal issues associated with the ownership of unnamed movable property, and evaluates the provision’s relevance within the contemporary socio-economic and technological context. The research employs a normative juridical approach, supported by doctrinal analysis, statutory interpretation, and review of empirical literature on movable property ownership. Findings reveal that, although Article 1977 continues to provide formal legal certainty, it fails to adequately address technological advancements. Accordingly, the integration of digital identification mechanisms is essential to ensure substantive justice and safeguard property rights.

Constitutionalism and the Debate Surrounding the Suspension of the Advocates’ Association Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Purwandi, Agustri
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.333

The suspension of advocates’ Oath of Office (BAS) by the High Court raises significant concerns within the framework of Indonesian procedural law and state administration. The core issue stems from the absence of an explicit legal basis authorizing such action, which may contravene the principles of legality, constitutionalism, and the protection of advocates’ fundamental rights. This study aims to examine the legal legitimacy of the BAS suspension, evaluate its compliance with constitutional principles, and explore its philosophical implications for the role of advocates as law enforcers on a par with judges, prosecutors, and police officers. Employing a normative juridical approach with a focus on doctrinal analysis of the Advocates Law, the 1945 Constitution, relevant court decisions, and legal literature, the study finds that the BAS suspension constitutes an ultra vires act. Consequently, this measure undermines the rule of law, diminishes the independence of the legal profession, and has the potential to disrupt public access to justice, highlighting the need for more robust regulatory reforms.

Limiting the age for candidates of public officials viewed by human rights and moral perspective Lutfiadi, Lutfiadi; Camelia, Noer Dini; Wardani, Win Yuli; Heryanti, Febrina; Wahyono, Sapto
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.982

Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and those that cannot. The right to be elected and to vote in public office is a human right that can be restricted by the state, but the restriction must be based on reasons that are in line with morality. This research aims to understand whether restrictions on the right to be elected and to vote based on age are in line with the law and morals or vice versa. This research is normative legal research that focuses on the problem of legal norms at the level of positive law, legal theories, and principles. The approaches used are legislation, literature review, conceptual approaches. The result is that all forms of restrictions on the community to participate in state life are restrictions on human rights. Restrictions on human rights are a violation of moral values. The conclusion is that a democratic state should not limit a person's right to vote and elect. The state should leave it entirely up to the people, whether they want to vote for that person or not. The Constitutional Court should not create new norms, the Constitutional Court should only have the authority to declare a certain legal norm contrary to the 1945 Constitution or not

The existence of arbitration verdict cancellation efforts regarding final and binding characteristics Camelia, Noer Dini; Lutfiadi, Lutfiadi; Heryanti, Febrina; Wardani, Win Yuli; Purwandi, Agustri
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

The arbitration verdict must include a verdict implementation period. It is based on the arbitration verdict characteristics based on Article 60 AADR LAW (Law on Arbitration and Alternative Dispute Resolution), namely that an arbitration verdict is final, has permanent legal force, and is binding on both parties; therefore, the legal consequences do not only apply to the parties who are arbiter but also arbitration verdicts cannot be further tested for legal consequences by other institutions. However, the provisions of Article 60 AADR LAW are followed by the provisions of Article 70 AADR LAW, which allows for arbitration verdict cancellation by the District Court as in Article 71 AADR LAW. Hence, this research aims to determine the binding power of an arbitration verdict and the District Court’s authority in canceling an arbitration verdict. The research methodology was normative research with statutory and conceptual approaches. The research results stated that efforts to cancel the arbitration verdict by the District Court had implications for the loss of the final and binding characteristics of the arbitration verdict. Efforts to cancel the arbitration verdict required to reconsider its existence

Application of Vicarious Liability Principles to Losses from the Use of Artificial Intelligence (AI) from a Civil Law Perspective Camelia, Noer Dini; Wardani, Win Yuli; Purwandi, Agustri; Ayuni, Alfika Putri; Aini, Nur Jannatul
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1518

The existence of Artificial Intelligence (AI) as an artificial intelligence system not only provides many benefits but can also cause losses in its use if the AI produces an error that causes harm to others. The occurrence of losses due to the use of AI is certainly related to who is responsible and what form of liability is incurred for the losses caused. The purpose of this study is to determine the form of liability for the use of AI that causes harm based on the principle of vicarious liability or substitute liability. The research method used in this study is normative legal research with a statute approach and a conceptual approach. The results of the study show that, from a civil law perspective, AI cannot be categorized as a legal subject, whereby actions performed by AI are not legal actions that can be held liable. Therefore, the form of liability that can be applied to losses arising from the use of AI is the application of the principle of vicarious liability. In civil law, liability can generally take the form of unlawful acts (Article 1356 of the Civil Code) and vicarious liability (Article 1367 of the Civil Code). The principle of vicarious liability is contained in the provisions of Article 1367 of the Civil Code, which is a form of vicarious liability to another party who is responsible for the actions of another party under their responsibility. Thus, the principle of vicarious liability can be applied in fulfilling the need for a form of liability for losses arising from the use of AI before there are regulations that specifically regulate AI

Intellectual Property Rights Violations in Illegal Cigarettes in Indonesia from an Interlegality Perspective Lutfiadi, Lutfiadi; Wardani , Win Yuli; Camelia, Noer Dini; Aprilia , Gabriel; Iskandar, Toillah
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): July-December 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1534

This study analyzes the philosophical, theoretical, constitutional, and international foundations underlying the inappropriateness of granting legal protection to trademarks attached to illegal products, particularly non-excise (illicit) cigarettes. From the perspectives of natural law, positivism, utilitarianism, and social-function theory, intellectual property rights (IPR) are recognized as legitimate rights but are always constrained by morality, public order, and social interests. Constitutional analysis shows that although the 1945 Constitution acknowledges IPR, Article 28J affirms limitations based on public interest and public order, rendering trademarks on illegal products ineligible for protection.National positive law, through the Trademark Law and the Excise Law, explicitly precludes the possibility of granting trademark protection to products that violate the law. Within the philosophical framework of Pancasila, protecting trademarks for illegal cigarettes contradicts the values of morality, humanity, national interest, democracy, and social justice. Meanwhile, international law—through TRIPS, the Paris Convention, and global health regimes such as the FCTC—provides explicit grounds for states to exclude IPR protection on the basis of morality, public order, and the protection of public health. Using a normative legal research method, this study concludes that trademark protection for illegal cigarettes cannot be justified conceptually or normatively. IPR is not absolute; it embodies a social function, and the state has an obligation to reject or revoke protection for trademarks that support unlawful practices in order to realize social justice and uphold the integrity of the national legal system.

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