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Enhancing Legal Safeguards for Human Trafficking Victims in Indonesia Sari, Pika; Yanuarto, Totok; Prihatmini, Sapti; Amirullah, Arif; Tanuwijaya, Fanny
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10981

Human trafficking constitutes one of the most egregious forms of human rights violations, characterized by extensive criminal networks operating at both individual and group levels. This phenomenon is not new, and certain countries, including Indonesia, report high incidences of human trafficking-related crimes. The purpose of this research is to provide an evaluation and understanding of the legal protections available to victims of human trafficking in Indonesia. This study is classified as normative legal research, involving an examination of theories, concepts, legal principles, and relevant statutory provisions pertaining to the topic. Despite significant efforts by the Indonesian government to combat human trafficking, minimum standards for eradication have not been fully met. While there have been notable advancements compared to previous periods, especially in response to the challenges posed by the COVID-19 pandemic, substantial deficiencies remain. Indonesia's upgrade to Tier 2 reflects progress in the investigation, prosecution, and adjudication of human trafficking offenses, including cases of forced labor in palm oil plantations and cyber fraud operations abroad. Additionally, there have been efforts to enhance compensation for victims of human trafficking.

Civil Liability of Airport Managers for Consumer Losses from The Perspective of The Compilation of Sharia Economic Law Rangkuti, Zivana Tiara Amanda; Harahap, Mhd. Yadi
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.11323

Consumers often require effective and convenient air transportation to carry out their daily activities, both for work and personal purposes. Air transportation offers a fast and efficient solution to reach their destination. This research aims to evaluate the consequences of the negligence of Kualanamu Airport officers and managers and to examine how their responsibilities towards consumers based on the perspective of the Compilation of Sharia Economic Law. The method used is normative juridical legal research, which refers to international law and relevant legislation, and uses the Statute Approach (reviewing all regulations relevant to the legal issues discussed) and Conceptual Approach (based on views and doctrines developed in legal science). The results show that many airport facilities have not met functional standards, which causes negligence of officers to still threaten the safety and comfort of consumers. This negligence includes the operationalization of facilities that are not fit for use. In the context of KHES, responsibility includes providing compensation in accordance with the principles of Islamic law governing loss and compensation. Compensation or 'dhaman' aims to overcome the losses suffered by the injured party, both material and immaterial. This is regulated in Book II of the Compilation of Sharia Economic Law article 20 paragraph 37, which states that 'ta'widh' or compensation is reimbursement for real losses paid by the party who committed an unlawful act.

The Impact of Greenwashing Advertising on Consumer Behavior Dewi, Patricia Citra; Tarina, Dwi Desi Yayi
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.11331

The economic motive of businesses in manipulating environmental aspects in increasing sales turnover so that consumers feel harmed by the advertising information. Greenwashing has significant negative impacts, both for consumers and companies that are truly committed to sustainability. For consumers, greenwashing can lead to misinformation and inappropriate purchasing decisions. Consumers who feel deceived by false environmental claims may experience disillusionment and lose trust in environmental claims as a whole. This can also be detrimental to companies that truly strive to carry out sustainable business practices, as it is difficult to differentiate themselves from companies that only pretend to care about the environment. This study aims to analyze theimpact of advertising greenwashing on consumer behavior. Methode in this research used yuridis normative with conceptual approach and legislation approach related to consumer protection and mediaenvironmentally friendly campaigns on goods and/or services. The results of this study indicate that rregulations related to consumer protection have not specifically regulated the concept of greenwashing, but have regulated the rights and obligations of business actors related to the act of greenwashing which mis leads to consumer decision making. Acts of greenwashing committed by business actors have violated consumer rights relating to correct and clear information and not misleading about the condition of goods and/or services traded. Business actors must be responsible in terms of withdrawing these advertisements and/or must be prepared to take responsibility for the resulting impact on consumers and/or the environment.

Legal Study on The Criminal Offense of Tax Invoice Forgery That Has Received Tax Amnesty Siregar, Rischad Widianto; Sinaga, Niru Anita; Gaol, Selamat Lumban
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.11506

This study aims to determine how the legal consequences of criminal acts of falsification of tax invoices that have received tax amnesty. Criminal acts in the field of taxation are violations of the rules of the tax law that cause state financial losses and people who commit criminal acts can be prosecuted criminally. /Falsification of tax invoices is a concern of legal problems among the community that has the potential to harm state revenue. Many people falsify tax invoices but do not understand the impact on the state. By falsifying tax invoices, the taxpayer will reduce their tax payable. This research uses normative legal research methods with a statutory approach, conceptual approach, secondary data type. As a result of this study, researchers found a form of criminal liability for the criminal act of falsifying tax invoices that have obtained tax amnesty in criminal law in Indonesia, in the form of excuse (schulduitsluitingsgrond-faits d'exuce) as a reason for criminal elimination (strafuitsluitingsgronden), so that the perpetrator should be stopped from investigating at the investigation level or if it has entered the trial stage, the Panel of Judges should issue a verdict of release from all legal charges for the actions committed by the defendant (ontslag van recht vervolging), even though the Criminal Act of Falsification of Tax Invoice is proven or the unlawful nature is not lost, but the defendant cannot be held criminally responsible, because there are reasons that excuse according to the law.

Land Rights and Their Environmental Implications for Indigenous Communities in Nusantara Capital City Syafitri, Cut Zulfahnur; Kurdi, Kurdi; Rusli, Budiman; Azhari, Azhari
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.11569

Article 16A of the IKN Law addresses the extension of land rights periods for business entities. Given the existence of many unrecognized customary law communities in East Kalimantan Province, it is crucial to assess the impact of such extensions on these communities within the IKN (Capital City of Nusantara). This study aims to examine the implications of granting land rights under Law No. 21 of 2023 concerning IKN on the living environment of indigenous peoples in the region. The research employs a normative juridical approach, utilizing both statutory and conceptual frameworks. The findings reveal that Article 16A of the IKN Law, along with its implementing regulations concerning the extension of land rights for business entities, has the potential to adversely affect indigenous communities by exacerbating environmental issues. Specifically, the prolonged extension of land rights diminishes state control over land, accelerates deforestation to the detriment of indigenous communities who rely on forests, increases the risk of water scarcity, and potentially triggers agrarian conflicts and disputes. The study recommends aligning the land rights duration in the IKN Law with that of the Basic Agrarian Law, expediting the local government’s data collection on indigenous communities, involving these communities in decision-making processes, and advocating for the legalization of the Indigenous Peoples Bill.

Eradicating Land Mafia Through Comprehensive and Innovative Approaches in the Reform of Indonesian Agrarian Law Nelly Azwani Sinaga; Ikhsan Lubis; Duma Indah Sari Lubis; Andi Hakim Lubis
Jurnal Hukum Magnum Opus Vol. 9 No. 1 (2026): Februari 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

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

Land mafia practices in Indonesia continue to pose serious threats to legal certainty, economic development, and social justice. This study aims to examine the effectiveness of Indonesia’s agrarian legal framework in combating land mafia and to propose comprehensive and innovative strategies to strengthen land governance. Using a normative juridical method with a statutory and conceptual approach, this research analyzes legal provisions, institutional frameworks, and supporting technologies relevant to land registration and regulation. The findings reveal that the current negative publication system under the Basic Agrarian Law (UUPA) creates legal loopholes that are exploited by land mafia networks. The study proposes a shift toward a positive publication system, integration of secure digital platforms (such as blockchain-based land registries), institutional reform, and enhanced public participation in land oversight. The novelty of this research lies in its interdisciplinary strategy that combines legal reform, technology, and civic engagement to build an accountable, transparent, and corruption-resistant land governance system in Indonesia.

Reconsidering Legal Protection: The Urgent Need to Regulate the Retirement Age of Worker Indra Pambudi Raharjo; Syofyan Hadi
Jurnal Hukum Magnum Opus Vol. 9 No. 1 (2026): Februari 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v9i1.132761

The absence of a national legal norm that explicitly regulates the retirement age of workers in Indonesia has created a normative vacuum that generates legal uncertainty, enables arbitrary practices in employment relations, and increases the potential for industrial relations disputes. This study aims to analyze how the state should exercise its role in providing legal protection for workers and to explain the urgency of regulating the retirement age within the framework of Indonesian labor law. The research employs a normative legal method using statutory, conceptual, and comparative approaches, including an examination of retirement-age regulation in selected ASEAN countries such as Malaysia, Thailand, and the Philippines. The findings show that workers constitute a vulnerable group requiring state protection, and that the normative vacuum regarding retirement age has resulted in inconsistencies and discriminatory practices in company-level retirement policies. The divergence between the retirement age set by companies and the requirements of the Pension Benefit Program under Government Regulation No. 45 of 2015 further contributes to legal uncertainty concerning workers’ rights to pension benefits. Comparative analysis demonstrates that several ASEAN countries have adopted clear, uniform retirement-age standards as instruments of legal and social protection. The novelty of this study lies in its normative argument that the Indonesian state, as a Pancasila-based rule-of-law state, must establish a clear, firm, and legally certain national retirement-age standard as a form of preventive legal protection and as a mechanism to ensure workers’ welfare in old age.

Legal Protection of BOT Agreement in Korea Town Project: Supreme Court Decision Number 600K/Pdt/2018 Andreas Edy Saputra Nainggolan; Diana Napitupulu; Ani Wijayati
Jurnal Hukum Magnum Opus Vol. 9 No. 1 (2026): Februari 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v9i1.132807

This study analyzes legal protection in Build, Operate, and Transfer (BOT) agreements through examination of Supreme Court Decision No. 600K/Pdt/2018 concerning The High End City Korea Town (THECKT) project. of Indonesia Number 600K/Pdt/2018. The purpose of this research is to analyze the application of the principles of justice and balance in the legal relationship between the landowner and the investor, as well as to assess the extent of legal protection granted to the parties in the event of unilateral termination of the BOT agreement. The research employs a normative juridical method with statutory, case, and comparative approaches. The data consist of primary and secondary legal materials, along with relevant non-legal materials. The analysis is conducted qualitatively using deductive reasoning. The findings reveal that unilateral termination without clear legal grounds violates the principle of legal protection and may cause economic losses to investors. The Supreme Court’s decision affirms that BOT agreements must be interpreted through the pri. Unilateral termination of the agreement without clear legal grounds constitutes a violation of the principle of legal protection and may cause economic losses to the investor. Therefore, the application of the principle of justice as proposed by John Rawls’ theory of justice and the principle of balance in contract law serves as an essential foundation to create a fair and proportional legal relationship in the implementation of BOT agreements in Indonesia.

Legal Analysis of Smart Contracts as Electronic Agreements under Civil and Electronic Transactions Law Adilla Meytiara I.; Kurdi; Teuku Ahmad Dadek
Jurnal Hukum Magnum Opus Vol. 9 No. 1 (2026): Februari 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v9i1.132869

The development of Distributed Ledger Technology (DLT) and blockchain has given rise to disruptive innovations in the form of smart contracts. On the one hand, this technology offers superior efficiency, autonomy, transparency, and security compared to conventional contracts. On the other hand, the deterministic, automatic, and rigid nature of the code poses fundamental challenges to the Indonesian civil law framework, particularly the Civil Code (KUHPerdata), which is flexible and prioritizes principles such as good faith and protection against defects of consent (wilsgebreken). This study aims to analyze the position of smart contracts as valid agreements according to the requirements in Article 1320 of the Civil Code, as well as to examine how the Electronic Information and Transaction Law (EIT Law) and its implementing regulations, including the latest recognition in the Financial Sector Development and Strengthening Law (P2SK Law), provide legitimacy and legal certainty. This study uses a normative legal research method with a statute approach and a conceptual approach. The results of the study show that smart contracts can fulfill the requirements for a valid agreement (Article 1320 of the Civil Code) with the following caveats: the main challenge lies in fulfilling the subjective requirements (competence and agreement), which require an off-chain identity verification mechanism and separation between the agreement (natural language) and the code (execution tool).

The Business Judgment Rule Limiting State-Owned Enterprise Directors’ Liability After the SOE Law Amendment fareh prameswari; Syofyan Hadi
Jurnal Hukum Magnum Opus Vol. 9 No. 1 (2026): Februari 2026
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v9i1.132960

This study examines the function of the Business Judgment Rule (BJR) as a boundary of legal liability for the management organs of State-Owned Enterprises (SOEs) in Indonesia following the recent amendments to the State-Owned Enterprises Law. Using a normative juridical research method with statutory and conceptual approaches, this research analyzes the normative foundation of BJR within Indonesian corporate law, the implications of regulatory changes on the responsibilities of directors, commissioners, and supervisory boards, and the extent to which BJR can serve as a shield against civil and criminal liability. The findings show that BJR, grounded in fiduciary duties under the Limited Liability Company Law, provides legal protection for business decisions made in good faith, without conflicts of interest, based on adequate information, and within the scope of authority. However, the removal of the provision excluding SOE organs from the category of state officials has widened potential liability and necessitated greater professional accountability. The study further reveals differences in the application of BJR between Persero-type SOEs, which are fully governed by private corporate law, and Perum-type SOEs, which remain tied to public administrative principles, creating risks of disharmony with anti-corruption and state finance laws. The research concludes that the ideal model for implementing BJR in SOEs requires standardized risk assessment procedures, strengthened oversight documentation, and harmonization of the SOE Law, Company Law, Anti-Corruption Law, and State Finance Law to ensure a balance between managerial protection and state accountability in managing public assets.

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Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Syofyan Hadi

Contact Email syofyan@untag-sby.ac.id

Phone -

Journal Mail Official jurnalhls@untag-sby.ac.id

Editorial Address Jalan Semolowaru Nomor 45 Surabaya

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA