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All Journal Journal of Law and Social Politics Adagium: Jurnal Ilmiah Hukum Pariwisata
Aris Yulia
Universitas Sahid Jakarta
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Doctrinal Reconstruction of Pacta sunt servanda: Contractual Binding Force, Legal Certainty, and Corrective Justice Aris Yulia; Fatma Ayu Jati Putri
Journal of Law and Social Politics Vol. 4 No. 2 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i2.99

Abstract

Background: … Objective: This study examines the reconstruction of the philosophical foundation of the binding force of contracts from the perspectives of legal certainty and justice. It addresses two central issues: first, how the paradigm of freedom of contract influences the existence of the principle of pacta sunt servanda; and second, what philosophical foundations underpin the validity of this principle within legal systems. Methods: This research employs a normative juridical method, characterized as qualitative and comparative. It is based on library research, utilizing primary and secondary legal materials analyzed qualitatively through normative and comparative legal approaches. Results: The findings reveal that, first, within the paradigm of freedom of contract or autonomy of will, there exists an operational foundation that legitimizes the binding force and enforcement of contracts as a manifestation of respect for the parties’ agreement. Second, in classical contract law theory, the doctrine of the sanctity of contract serves as a fundamental principle arising from freedom of contract and underpins the application of pacta sunt servanda. Meanwhile, in Islamic law, the philosophical foundation of the binding force of contracts is directly rooted in the normative values derived from the Qur’an, emphasizing the obligation to fulfill agreements as both a moral and legal duty. Accordingly, the reconstruction of the philosophical foundation of the binding force of contracts should not solely rely on principles of freedom and legal certainty but must also incorporate the dimension of justice as a corrective to the absolutism of freedom of contract in modern legal practice. Conclusion: …
The Limits of a Prosecutor's Authority to File Appeals and Cassation Petitions Against a Defendant Whose Detention Period Has Expired Under the New Criminal Procedure Code (KUHAP) Khadirin Khadirin; Saiful Anam; Cakra Heru Santosa; Wahyu Nugroho; Aris Yulia
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/f9xb8p43

Abstract

Reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code (New Criminal Procedure Code) brings changes to the regulation of legal action and detention. This article analyzes the limits of the public prosecutor's authority in filing appeals and cassation when the defendant's detention period has ended, from the perspective of human rights, legal certainty, proportionality and correctional overcapacity. This research uses normative juridical methods with statutory, conceptual, case and comparative approaches. The research results show that the end of the detention period does not automatically eliminate the public prosecutor's right to file legal action. However, the end of the detention period ends the previous basis for detention, so that detention at the appeal or cassation stage must be based on new authority and determinations in accordance with the New Criminal Procedure Code. Detention without a valid legal basis has the potential to violate the right to freedom and legal certainty. Specifically for acquittal decisions, defendants who are still detained must be released from the moment the decision is pronounced and an acquittal decision cannot be challenged by cassation. Therefore, it is necessary to harmonize norms and strengthen judicial supervision so that legal measures are not misused as a means of maintaining detention and to guarantee the protection of human rights.
Strengthening Blue Economy Law through the Role of Red and White Cooperatives in Sustainable Development Saiful Anam; Cakra Heru Santosa; Liza Marina; Aris Yulia; Regita Widya Prameswari
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/849eby56

Abstract

The blue economy is a development paradigm that emphasizes the sustainable use of marine resources by paying attention to ecological, social and economic aspects. Indonesia as a maritime country has great potential to develop a blue economy, but its implementation still faces various obstacles, both from a regulatory and institutional perspective. This article aims to analyze the strengthening of the blue economy law through the role of the Red and White Village/Subdistrict Cooperative as a forum for the people's economy. The research method used is a juridical-normative approach by examining related laws and regulations, legal doctrine, and cooperative institutional construction. The results of the analysis show that the Red and White Village/Subdistrict Cooperative normatively has the potential as an institutional instrument in supporting the blue economy through the function of organizing community businesses, strengthening the marine economic value chain, distributing economic benefits, and empowering coastal communities. However, the legal framework that regulates the relationship between cooperative law, maritime law and the principles of environmental sustainability still shows a fragmentation of norms so that harmonization of regulations and strengthening of sectoral policies is needed. The conclusions of this research are limited to a normative analysis of the legal design and institutional potential of cooperatives, not to measuring the actual effectiveness of cooperatives as blue economy actors because they have not been supported by empirical testing of institutional performance, governance capacity, or economic and ecological impacts at the community level. Further research needs to be directed at empirical studies regarding the effectiveness of the Red and White Village/Kelurahan Cooperatives in blue economy practices, including aspects of governance, access to financing, supply chains, environmental compliance, and their contribution to improving the welfare of coastal communities.
ITIKAD BAIK DALAM KUH. PERDATA KETIKA MELAKUKAN PERJANJIAN JUAL BELI TANAH Fatma Ayu Jati Putri; Aris Yulia
Jurnal Ilmiah Hospitality Vol 12 No 2: Desember 2023
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jih.v12i2.2705

Abstract

The Civil Code's Article 1338, paragraph 3, mandates that a contract should be conducted in good faith. Sincerity is a prerequisite for good faith when entering into an agreement. Similarly, appropriateness during the implementation phase of the agreement refers to an evaluation of each party's conduct in carrying out the terms of the agreement. In the sale and purchase of land, in particular, where good faith is expected to promote an atmosphere that is advantageous to both parties' interests, it is intended that a balance can be struck between parties involved. There is a distinction between the person receiving the payment and their lack of good faith, as stated in Articles 1362 and 1383 of the Civil Code. In good faith, anyone who receives something that does not need to be paid for is required by Article 1360 of the Civil Code to return it along with interest. Proceeds from the payment are also included in the obligation to return the item, so even if the price has already dropped, the amount of compensation for costs, losses, and interest is not reduced. If he is the person to whom the products should have been supplied and his goods are destroyed, he must pay the price plus interest and loss compensation if the destruction was not his fault. Alternatively, he may be able to demonstrate that the items were destroyed along with the destruction
Co-Authors Cakra Heru Santosa Fatma Ayu Jati Putri Khadirin Khadirin Liza Marina Regita Widya Prameswari Saiful Anam Wahyu Nugroho