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All Journal Muqaranah VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora JUSTICIA SAINS: Jurnal Ilmu Hukum AHKAM : Jurnal Hukum Islam dan Humaniora
S, Sepriyadi Adhan
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Aspek Hukum Penguasaan Uang Milik Debitor Yang Dikuasai Kreditor Dalam Persfektif Prinsip Kepailitan Cristi, Echa; Sunaryo, Sunaryo; S, Sepriyadi Adhan; Wiranata, I Gede AB; Kasmawati, Kasmawati
VIVA THEMIS Vol 8, No 2 (2025): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v8i2.4404

Abstract

Bankruptcy law exists as a debt settlement mechanism for debtors who are no longer able to fulfill their obligations, with the main objective of creating certainty and justice in the distribution of bankruptcy assets to Creditors. However, in practice, problems often occur when money or assets belonging to the Debtor are physically controlled by one of the Creditors before or during the bankruptcy process. This research aims to analyze the legal aspects related to the control of the Debtor's money by Creditors in the bankruptcy process, by examining the principles of bankruptcy and legal protection for the parties. The method used is normative juridical legal research with a descriptive approach. The results of the study show that the actions of Creditors who hold money belonging to Debtors have the potential to violate the principle of equal treatment of creditors and the principle of general confiscation in bankruptcy law, and can interfere with the process of administering bankruptcy assets fairly and proportionally. Therefore, it is important that there is legal affirmation that protects the rights of debtors while upholding the principle of equal distribution for all creditors in the bankruptcy process
Posisi Hukum Anak Astra Dalam Adat Bali: Relevansi Kedaulatan Hukum Adat Di Tengah Sistem Hukum Nasional Widia Asih, Dewa Ayu Putu; S, Sepriyadi Adhan; Wiranata, I Gede AB; Kasmawati, Kasmawati; Sumarja, FX; Zazili, Ahmad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4103

Abstract

The legal position of astra children (children out of wedlock) in the structure of Balinese customary law, especially in inheritance rights and social participation in customary communities, often faces discrimination because their position is not fully recognized in the paternal lineage, which has implications for inheritance rights, participation in traditional ceremonies, and other social rights. Through a juridical-normative approach, this article aims to analyze the legal position of astra children (children out of wedlock) in the structure of Balinese customary law, inheritance rights, and social participation in customary communities. It also identifies tensions and conflicts between customary law and national law. Although the Constitutional Court Decision Number 46/PUU-VIII/2010 has given legal recognition to extra-marital children, its implementation in the customary realm still faces social and cultural resistance. The tension between the principle of customary law sovereignty and the supremacy of national law is the main highlight. This research shows that the position of astra children in Balinese customary law is influenced by the legitimacy of the biological father and the role of the extended family which has a direct impact on their civil and customary rights. Thus, there is a need for equal legal dialogue between the state and indigenous communities to find common ground that guarantees the protection of astra children's rights without eliminating the identity of customary law that is still alive in the community.
Analisis Perlindungan Hukum Konsumen pada Fitur Paylater di Aplikasi Gojek Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor 77/POJK.01/2016 Salim, Marsela; S, Sepriyadi Adhan; Zazili, Ahmad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4112

Abstract

Legal protection for consumers using the PayLater feature on the Gojek app has become an important issue amid the development of fintech services in Indonesia. This feature offers convenience in transactions with a deferred payment system, but it also carries risks such as unclear information, misuse of personal data, and unethical collection practices. According to the Financial Services Authority (OJK) Regulation No. 77/POJK.01/2016, legal protection includes transparency of information, the legality of the service provider, protection of personal data, electronic agreements, and professional debt collection processes. Consumers also have access to dispute resolution mechanisms, such as the Consumer Dispute Resolution Body (BPSK), Alternative Dispute Resolution (ADR), courts, complaints to the OJK, and internal complaint mechanisms. Although existing regulations provide a strong legal protection framework, further improvements in education, transparency, and oversight are still needed to ensure consumer rights are better safeguarded. Collaboration between regulators, operators, and the public is key to creating a safe and sustainable fintech ecosystem
Hak Perempuan dan Hukum Perceraian Islam: Antara Otonomi Agama dan Perlindungan Minoritas Utami, Adelya Putri; Rodliyah, Nunung; Tamza, Fristia Berdian; S, Sepriyadi Adhan; Kasmawati, Kasmawati
Muqaranah Vol 9 No 2 (2025): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v9i2.31989

Abstract

The application of Islamic divorce law in societies that adhere to legal pluralism presents unique challenges, particularly in the context of protecting women's rights when the Muslim community is a minority. In a number of countries, Islamic family law is still used as an internal guideline for Muslim communities in resolving divorce and property division issues. However, this practice often conflicts with human rights principles, particularly those related to gender equality. This study aims to analyze how pluralistic countries balance respect for religious freedom with the state's obligation to protect individual rights. The research methodology used is a qualitative approach with normative and comparative juridical methods, through analysis of legislation, court decisions, and legal literature in the United Kingdom, India, and Indonesia. The study results indicate that the protection of women's rights should not be compromised in the name of cultural tolerance or religious autonomy. The state has a crucial role to ensure that the application of religious law is fair, voluntary, and transparent, and in line with the principles of justice and equality for all citizens.
Analisis Bentuk dan Hambatan Perlindungan Hukum terhadap Seren Taun Ciptamulya sebagai Ekspresi Budaya Tradisional Buwono, Daud Bunar; Rohaini, Rohaini; Rusmawati, Dianne Eka; S, Sepriyadi Adhan; Havez, Muhammad
AHKAM Vol 5 No 1 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.9229

Abstract

Although the issue of legal protection for Traditional Cultural Expressions (TCEs) has been widely examined, studies that specifically investigate the forms and obstacles of legal protection for Seren Taun Ciptamulya as a TCE belonging to the Masyarakat Hukum Adat Kasepuhan Ciptamulya in Sukabumi Regency remain limited. This study aims to analyze the forms of legal protection for Seren Taun Ciptamulya implemented by the Regional Government of Sukabumi Regency and to identify the obstacles encountered in its implementation. A normative-empirical approach with a descriptive-analytical design was employed, involving two key informants, namely the customary leader of Kasepuhan Ciptamulya and the Head of the Culture and Tourism Office of Sukabumi Regency, selected through purposive sampling. Data were collected through literature study of legislation and relevant scholarship, as well as in-depth interviews, and were analyzed qualitatively. The findings show that legal protection for Seren Taun Ciptamulya is manifested in two main forms: preventive protection through a multi-level regulatory framework comprising the Copyright Law, the Law on Cultural Advancement, government regulations related to communal intellectual property (KIK), and regional regulations; and repressive protection through copyright dispute resolution mechanisms. However, implementation of this protection still faces three principal obstacles: (1) legal substance issues, particularly delays in the formulation of implementing regulations; (2) legal structure issues, including suboptimal coordination between the regional government and the customary community; and (3) legal culture issues, reflected in shifting values and declining commitment among younger generations to safeguarding tradition. The study concludes that synergy between legal substance, structure, and culture is a key prerequisite for effective protection of TCEs, and recommends strengthening coordination between regional government and customary communities as well as accelerating the inventory of TCEs as the basis for participatory and sustainable policy formulation. The implications of this research include theoretical contributions to the development of communal intellectual property law and practical guidance for local governments in designing more responsive protection models for TCEs that are attuned to socio-cultural dynamics, while also opening opportunities for comparative studies with sui generis protection schemes in other countries and with respect to the management of TCE commercialization.
Analisis Yuridis Penentuan Sisa Utang Eksekusi Hak Tanggungan (Putusan 78/Pdt.G/2024/PN Tjk jo. 120/PDT/2024/PT TJK) Indrawan, Bagus; Sonata, Depri Liber; Febrianto, Dita; S, Sepriyadi Adhan; Oktaviana, Selvia
AHKAM Vol 5 No 1 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.9231

Abstract

Although the efficiency of credit settlement through the parate execution mechanism of Hak Tanggungan has been widely discussed, studies that specifically examine disparities in judicial decisions arising from the lack of transparency regarding the breakdown of outstanding debt prior to auction remain limited. This study aims to analyze, from a juridical perspective, the judicial reasoning used to determine the remaining debt in the execution of Hak Tanggungan in Decision Number 78/Pdt.G/2024/PN Tjk jo. Number 120/PDT/2024/PT TJK. The research adopts a normative juridical approach with a statute and case approach design, using primary and secondary legal materials selected through purposive sampling. Data were collected through library research and document study, then analyzed qualitatively-normatively using deductive reasoning. The findings show that, formally, the High Court progressively annulled the District Court’s inadmissible (N.O) decision in order to separate the unlawful act (Perbuatan Melawan Hukum, PMH) dispute from the legal regime governing auction buyer protection. However, substantively, the appellate judges became trapped in procedural formalism by validating the auction solely on the basis of evidence of the dispatch of a demand letter, without scrutinizing the absence of a detailed breakdown of the debtor’s remaining debt. These results contribute to the development of substantive justice theory by clarifying the limits of a creditor’s objective good faith and affirming that transparency regarding the details of outstanding debt is an indispensable precondition for the validity of security enforcement. The study concludes that clearer jurisprudential guidelines from the Supreme Court are needed to standardize judicial assessment of Hak Tanggungan execution and recommends strengthening transparency and prudential principles in banking practice. The implications include theoretical contributions to the literature on security law and banking prudence, practical implications for the judiciary, and opportunities for further empirical research on the sociological impact of unilateral execution.
Co-Authors Ahmad Zazili Bagus Indrawan, Bagus Buwono, Daud Bunar Cristi, Echa Depri Liber Sonata Dianne Eka Rusmawati, Dianne Eka Dita Febrianto FX Sumarja, FX I Gede AB Wiranata Muhammad Havez Nunung Rodliyah Nurwijayanti Salim, Marsela Selvia Oktaviana, Selvia Siswahyudianto Sunaryo Sunaryo Syamsiar, Syamsiar Tamza, Fristia Berdian Utami, Adelya Putri Widia Asih, Dewa Ayu Putu