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JURNAL ILMIAH LIVING LAW
Published by Universitas Djuanda Bogor
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Arjuna Subject : -
Articles 228 Documents
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Reconstruction Paradigm of Legal Theory in the Era of Digital Disruption Muhamad Aminulloh; I Putu Budiarta; Moch. Tamzis; Henny Nuraeni
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24330

Abstract

Digital transformation has created fundamental changes in global social, economic, and political structures, including the ways legal norms are produced, distributed, and enforced. The presence of digital technology, artificial intelligence, and transnational platforms has generated new sources of normativity that are no longer entirely under state control. This condition challenges the basic assumptions of classical legal theory oriented toward the centrality of formal authority and stable normative structures. This article aims to analyze the disruption of normativity in the digital era and formulate a reconstruction of the legal theory paradigm capable of explaining the plurality of contemporary regulatory sources. The research employs a normative philosophical approach with conceptual analysis of the epistemological foundations of modern legal theory. The findings indicate that law can no longer be understood as a unitary normative system, but rather as a plural configuration formed through interactions between the state, technology, and transnational power. A new legal theory paradigm is needed that integrates normative pluralism, the ontological transformation of law, and recognition of technology as a regulatory agent. This reconstruction paradigm encompasses shifts from monism to normative pluralism, from state centrality to regulatory networks, and from normative stability to regulatory dynamism.
Land Office Responsibility for Mortgage Rights Continuity Following Partial Land Transfer Due to Regional Expansion Andien Hasea S; Achmad Jaka Santos; Nova Monaya
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24755

Abstract

Mortgage Rights (Hak Tanggungan or HT) serve as the strongest credit collateral instrument in Indonesian property law, frequently utilizing the Certificate of Right to Cultivate (SHGU) in the plantation sector. Normatively, creditors are secured by the principles of droit de suite and droit de preference under Law Number 4 of 1996 (UUHT). However, regional expansion poses legal uncertainty when burdened land undergoes administrative mutation the transfer of land records from the original land office to a newly formed regional land office. This study analyzes the implementation of HGU validity extensions under mortgage rights following regional expansion and examines the legal protection available to mortgage-holding creditors facing partial administrative mutations. Employing a normative juridical method with statutory and conceptual approaches, the study reveals two main findings: HGU Extension Mechanism: Regional expansion is a consequence of administrative decentralization. To maintain structured and continuous HGU extensions, active inter-office coordination between the involved land offices is mandatory. Creditor Legal Protection: Normative legal protection remains intact through the statutory enforcement of droit de suite and droit de preference under the UUHT, despite territorial and administrative adjustments. Nevertheless, more comprehensive technical regulations are required to establish absolute legal certainty and procedural clarity for all parties involved in mutated mortgage guarantees.
Litigation of Restorative Justice in Handling Criminal Cases in Indonesia Sapia Waleulu; Trisno Raharjo
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24783

Abstract

Restorative Justice (RJ) is now an alternative paradigm in the Indonesian criminal justice system. Restorative justice focuses on restoring the relationship between the perpetrator, the victim, and the community. Not just imposing a punishment. Several regulations have already been made. Perma Number 1 of 2024 on guidelines for adjudicating criminal cases based on Restorative Justice. Attorney General Regulation Number 15 of 2020 concerning the termination of prosecution based on Restorative Justice. But its implementation in the field? Still facing various obstacles. This research aims to examine the normative construction of restorative justice and its implementation in the Indonesian criminal justice system. Identifying the legal, institutional, and philosophical limitations that hinder the effectiveness of Restorative Justice Formulating a limitation model based on proportional, objective, and just parameters. This research method uses a normative legal method. Supported by three approaches: the legislative approach, the conceptual approach, and the comparative approach. Findings. There are three main factors that cause the limitations of Restorative Justice: inconsistency in cross-agency regulations. Disparity in institutional capacity, philosophical conflict between retributive values and restorative principles, recommendations. This research reconstructs a model of proportional, objective, and fair limitations on restorative justice. This model is necessary to ensure legal certainty and consistency in the enforcement of Restorative Justice in Indonesia.
Reconstructing Trading in Influence as a Corruption Offense in Indonesian Criminal Law Reform and UNCAC Perspectives Adek Junjunan Syaid
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24874

Abstract

Trading in influence is a form of modern corruption that develops along with the complexity of power relations within governance systems. The main issue addressed in this research is the absence of explicit regulation of trading in influence in Indonesian positive law, despite its recognition under the United Nations Convention Against Corruption (UNCAC). This study aims to analyze the regulation of trading in influence in UNCAC, examine the legal vacuum in national law, and formulate the reconstruction of such offense within the framework of criminal law reform. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings reveal that the absence of trading in influence regulation limits law enforcement in addressing corruption practices, particularly those involving abuse of influence that do not meet the elements of bribery or gratification. Therefore, reconstruction of the trading in influence offense is necessary by adopting UNCAC principles to ensure legal certainty and enhance the effectiveness of corruption eradication in Indonesia.
Business Liability for Misleading Food Claims: Bake n’ Grind Case Azka Keyviana; Robbyatul Adawiyah Shouma; Annasya Putri Jauhari
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24911

Abstract

Bake n’ Grind case in 2025 shows how serious the consumer protection issue about misleading food claim is, particularly gluten-free claims used to commercialize the products for consumers that have specific dietary needs or specific health conditions. Such claims are the basic form of consumer trust in purchasing the products. Hence if the products with gluten-free claims contain gluten and cause harm, the concerns are not limited on discrepancies in product information, but also the liability of the business actor. This article aims to analyze the form of business liability for misleading food claims in the Bake n' Grind case and examine the application of the principle from fault-based liability to strict liability in this case. This research uses a normative judicial method with statutory, case, and conceptual approaches. The findings show that Law Number 8 of 1999 concerning Consumer Protection provides a legal basis for civil, administrative, and criminal liability of business actors, but the consumer’s burden of proof should be alleviated because business actors are in the stronger position to control all information regarding ingredients, production process, labels, promotions, and product quality control. Therefore, consumer protection against misleading food claims requires a more objective liability construction that does not solely depend on proving the fault of the business actor, but shifts closer to the principle of strict liability.
Assessing Local Elections in Indonesia by Regional Representative Councils and Local Elections by the People Hanif Hardianto; Nina Farliana
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24949

Abstract

This article examines the dynamics of the legal–political framework governing local elections in Indonesia by situating the debate between direct elections by the people and indirect elections through Regional People’s Representative Councils (DPRD) within the perspective of constitutional democracy. This study employs a qualitative juridical-normative research method with a descriptive-analytical approach, relying on the analysis of statutory regulations, Constitutional Court decisions, and relevant legal and political literature. The findings indicate that the mechanism for electing regional heads in Indonesia has undergone a historical shift from a centralistic model to representative democracy and subsequently to direct democracy as a consequence of constitutional reform and the strengthening of popular sovereignty. Direct local elections have proven to enhance political legitimacy, public participation, and the accountability of regional leaders; however, they also generate structural problems such as high political costs, money politics, horizontal conflicts, and inefficiencies in regional governance. Meanwhile, local elections conducted through the DPRD possess constitutional legitimacy under Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, yet they potentially narrow the space for popular sovereignty and concentrate power in the hands of political party elites. This study concludes that although both mechanisms are constitutionally valid, direct local elections are more consistent with the principles of substantive constitutional democracy, as they are better able to maintain a balance between legal legitimacy, social legitimacy, and the protection of popular sovereignty within Indonesia’s constitutional system
Post-Marriage Religious Conversion From The Perceptive of Legal System Theory and Sadd Al-Dariah Pudoli Sandra; Asir; Muhammad Agus Sifullah; Jati Nugroho; Dwi Sriantini
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24992

Abstract

The Postmarital religious conversion is a common phenomenon in pluralistic societies, particularly in the context of family law in Indonesia. Conceptually, postmarital religious conversion raises legal issues because it relates to the validity of the marriage, the legal status of the parties, and the implications for rights and obligations within the household. From a legal systems theory perspective, this phenomenon demonstrates a lack of synchronicity between legal substance, legal structure, and legal culture. Meanwhile, from a sadd al-dari'ah perspective, postmarital religious conversion can be viewed as an act that has the potential to lead to harm, necessitating an examination of its limitations and implications. This research employs a normative legal research method with both a statutory and conceptual approach. The legal materials used include primary legal materials such as laws and regulations related to marriage and religious freedom, as well as secondary legal materials in the form of literature, scientific journals, and expert opinions. The analysis was conducted qualitatively by examining the synchronization of positive legal norms with Islamic legal principles, particularly the theory of sadd al-dari'ah. The research results show that post-marital religious conversion creates a normative vacuum and disharmony in the legal system, particularly regarding the validity of marriage and legal protection for the parties. From a legal systems theory perspective, this reflects a suboptimal integration between the structure, substance, and culture of law. Meanwhile, from a sadd al-dari'ah perspective, post-marital religious conversion tends to be restricted if it causes potential harm, such as family conflict, legal uncertainty, and violations of the objectives of sharia (maqasid al-shari'ah). Therefore, more comprehensive and harmonious regulations are needed to provide legal certainty while safeguarding the public interest.
Implementation of Digital Consumer Protection Principles in Fintech Lending Electronic Contracts in the Digital Era Muhammad Mahfuddin Sholeh; Sinung Mufti Hangabei; Hendi Sastra Putra; Miko Ardinata
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.26123

Abstract

This study aims to analyze the implementation of digital consumer protection principles in fintech lending electronic contracts, identify the forms of legal protection that have been accommodated in contractual arrangements, and evaluate their compliance with the principles of justice, transparency, balance, data security, good faith, and legal certainty. The study uses a normative legal method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review covering legislation, legal doctrine, scientific journals, and relevant literature. The analysis was conducted qualitatively through systematic, grammatical, and teleological legal interpretation to assess the implementation of consumer protection norms in the substance of electronic contracts. The results show that the principle of legal certainty has been implemented relatively well through the regulation of the identities of the parties, the object of the agreement, and the dispute resolution mechanism. Conversely, the implementation of the principles of fairness, transparency, balance, personal data security, and good faith remains suboptimal due to the continued use of standard clauses that limit consumers' bargaining power, a lack of information transparency, and incomplete personal data protection regulations. This study emphasizes the need to improve fintech lending electronic contract standards, orienting them more toward digital consumer protection through strengthening contractual substance, harmonizing regulations, and increasing oversight of digital financial service providers to ensure legal certainty and fairness in electronic transactions.

Page 23 of 23 | Total Record : 228

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