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JURNAL ILMIAH ADVOKASI
Published by Universitas Labuhanbatu
ISSN : 23377216     EISSN : 26206625     DOI : 10.36987/jiad
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah ADVOKASI adalah jurnal yang dikelola oleh Fakultas Hukum Universitas Labuhanbatu, Sumatera Utara. Jurnal Ilmiah ADVOKASI menerima artikel ilmiah dari hasil penelitian, diterbitkan 2 nomor dalam satu volume setiap bulan pada bulan Maret dan September. Jurnal ini fokus mempublikasi hasil penelitian orisinal yang belum diterbitkan di manapun pada bidang Ilmu Hukum dan aplikasi ilmu Hukum dan Perundang-undangan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 348 Documents
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KEABSAHAN PERJANJIAN JUAL BELI BUBUK KRATOM DI E-COMMERCE MENURUT PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA Situmorang, Stephanus Christian; Siahaan, Nomensen Freddy; Atriani, Dewi
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.8007

Abstract

Online commerce has significantly expanded the circulation of various commodities, including kratom, whose legal status in Indonesia remains controversial. At present, kratom is regulated solely for export purposes and lacks a clear legal basis for domestic trade, creating legal uncertainty in online sale transactions. This study examines the validity of kratom powder sale agreements conducted through e-commerce platforms under Article 1320 of the Indonesian Civil Code and analyzes the legal responsibility of platform providers for facilitating such transactions. The research employs a doctrinal legal method using statutory and conceptual approaches, complemented by an empirical review of kratom listings on major Indonesian e-commerce platforms. The findings indicate that online kratom transactions potentially fail to satisfy the objective requirements of a valid contract, particularly regarding lawful object and lawful cause, due to the absence of explicit domestic regulatory authorization. Empirical observations further reveal inadequate age-verification mechanisms, raising concerns over transactions involving legally incapacitated consumers. This study underscores the urgent need for comprehensive national regulation on kratom and strengthened legal obligations for e-commerce platforms to ensure consumer protection and contractual legality in digital markets.Keywords: contract; validity; kratom; e-commerce platforms; platform liability
UPAYA HUKUM DAN PEMULIHAN HAK SAHAM MINORITAS PASCA PUTUSAN PENGADILAN: STUDI ATAS PERLINDUNGAN INVESTOR DI INDONESIA Abdullah, Ali; Liesmawati, Liesmawati
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7869

Abstract

Restoration of minority shareholder rights in private limited companies is often ineffective, despite court decisions confirming a breach of fiduciary duty. This situation indicates a gap between the legal protection norms in Law Number 40 of 2007 concerning Limited Liability Companies and their implementation in practice. This study analyzes the effectiveness of the mechanism for restoring minority shareholder rights following a court decision. The results show that court decisions are generally declarative and poorly enforced, making them difficult to implement. Key obstacles include resistance from majority shareholders, weak institutional coordination, and low transparency in private companies. This study recommends the formulation of more operational rulings, strengthening implementation oversight, and integrating legal technology with a restorative justice approach. Using a juridical-empirical approach, this study contributes to strengthening legal protection for minority shareholders and increasing legal certainty in corporate practice.Keywords: Minority Shareholders, Fiduciary Duty, Legal Remedies
Tinjauan Yuridis Restorative Justice Perkara Pidana Berdasarkan Peraturan Kejaksaan Nomor 15 Tahun 2000 Jannah, Diah Ayu Ma’rifatul
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7895

Abstract

The application of restorative justice in criminal cases at the prosecutor's office level is one of the efforts to reform law enforcement that is oriented towards restoring justice for perpetrators and victims. This approach was introduced normatively through Attorney General Regulation Number 15 of 2020 as the legal basis for the implementation of restorative justice within the prosecutor's office. This study aims to analyze the concept and implementation of restorative justice in the handling of criminal cases at the prosecutor's office level and to assess the extent to which its application has fulfilled the principle of legal certainty. The research method used is normative juridical with a legislative and conceptual approach, through a review of regulations, doctrines, and the concept of restorative justice. The results of the study show that restorative justice functions as a win-win solution for perpetrators and victims by focusing on peaceful resolution without coercion and the restoration of social relations. However, the effectiveness of its application is highly dependent on the policies and discretion of law enforcement officials, particularly prosecutors, as well as the clarity of the criteria and implementation mechanisms regulated in the Attorney General's Regulation. This study concludes that the application of restorative justice at the prosecutor's office level has great potential in realizing substantive justice, but still requires strengthening of regulations and consistency in implementation to be in line with the principle of legal certainty. Keywords: restorative justice; criminal cases; prosecutor's office; legal certainty
RELEVANSI DOKTRIN WORK MADE FOR HIRE DALAM KARYA KECERDASAN BUATAN: TINJAUAN HUKUM HAK CIPTA INDONESIA Gemilang, Rayhan Surya; Kuspraningrum, Emilda; Utomo, Setiyo
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6601

Abstract

The rapid development of artificial intelligence (AI) has raised various legal issues, particularly regarding the determination of copyright ownership of works produced with the assistance or intervention of AI systems. In the context of Indonesian law, there are currently no specific regulations governing the legal status of AI-based works, resulting in a legal vacuum in the copyright regime. Based on the principle of the rule of law as stipulated in the 1945 Constitution of the Republic of Indonesia, the state has the authority to formulate regulations to ensure legal certainty and protection in the field of intellectual property. This study aims to analyze the regulation of artificial intelligence from a copyright law perspective through a comparative approach to regulations in several countries and to examine the relevance of applying the work made for hire doctrine as a normative solution in Indonesian law. The research method used is doctrinal legal research with a legislative and comparative law approach. The results of the study show that several countries, such as the United States, the United Kingdom, and China, have developed regulatory frameworks or specific legal doctrines to address copyright issues over AI-based works. In contrast, Indonesia still does not have specific regulations that accommodate these developments. Therefore, this study recommends the need to update Law Number 28 of 2014 concerning Copyright by integrating provisions regarding artificial intelligence, one of which is through the limited adoption of the work made for hire doctrine, in order to provide legal certainty and copyright protection that is adaptive to technological developments.Keywords: work made for hire; copyright law; artificial intelligence; legal reform; intellectual property
TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN ASSAULT CASES: A CASE STUDY AT THE PALEMBANG DISTRICT ATTORNEY’S OFFICE Arsean, Desi; Zahri, Saipuddin; Tanzili, Mulyadi
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6860

Abstract

The prosecution authority, as part of the state’s law enforcement system, plays a strategic role in ensuring legal certainty, justice, and public order while upholding moral values and human dignity. In this context, the application of restorative justice has emerged as an alternative approach to resolving criminal cases, including assault offenses. This study examines the implementation of termination of prosecution based on restorative justice in an assault case handled by the Palembang District Attorney’s Office. The research adopts a normative juridical method, focusing on statutory regulations and prosecutorial guidelines governing restorative justice. The findings indicate that the termination of prosecution was influenced by several key factors: the suspect committed the offense for the first time, the offense carried a maximum statutory penalty of no more than five years’ imprisonment, and the value of losses or evidence did not exceed IDR 2,500,000. Additionally, the case demonstrated successful reconciliation between the perpetrator and the victim, supported by community approval. The study concludes that the application of restorative justice in this case reflects prosecutorial discretion aimed at achieving substantive justice, social harmony, and efficiency in criminal law enforcement.Keywords: termination of prosecution; restorative justice; assault cases; prosecutorial discretion
The Position of Customary Marriage in Australia and Indonesia: A Comparative Study of Aboriginal and Sunda Wiwitan Marriage Registration Drajat, Muhammad Rifqi Rafi; Suparto, Susilowati
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7885

Abstract

Australia and Indonesia have recognized the existence of indigenous peoples in their constitutions. However, in the implementation of marriage registration, there are still several obstacles that prevent registration. The research method used is empirical juridical, obtained directly through a study of the norms and principles contained in primary, secondary, and tertiary legal data. The results of the study indicate that the customary marriages of the Aboriginal indigenous community are still not fully recognized in Australia due to Australian marriage regulations that only recognize one marriage law, namely the Marriage Act 1961, with marriage ceremonies conducted formally before a marriage celebrant. Customary marriage practices conducted by the Aboriginal community cannot be registered by the state, while marriage registration for the Sunda Wiwitan indigenous community in Indonesia can be registered provided that the indigenous community has joined an organization registered under the Ministry. The legal consequences of marriages within the Sunda Wiwitan and Aboriginal communities will impact several aspects, including uncertainty regarding the legal status of children born from such marriages, difficulties in registering other administrative documents, and challenges in accessing public facilities provided by the government, particularly in the area of healthcare due to ongoing requirements.Keywords: Indigenous Peoples; Marriage Registration; Aboriginals; Sunda Wiwitan; Legal Recognition
PEMBUKTIAN PERJANJIAN LISAN DALAM SENGKETA HUTANG PIUTANG: STUDI PUTUSAN PN BALIKPAPAN NO. 146/PDT.G/2021 Purnawan, Akbar Wahyu; Suharto, Miko Aditiya
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7574

Abstract

Oral agreements are still commonly used in civil law practice, particularly in legal relationships based on mutual trust. This study examines the evidentiary strength of oral debt agreements through an analysis of Decision Number 146/Pdt.G/2021/PN BPP. The research employs a normative juridical method using statutory, case, and conceptual approaches. Research data were obtained through library research on primary legal materials, including the Indonesian Civil Code and relevant court decisions, as well as secondary legal materials in the form of books and scholarly journal articles. The findings indicate that oral agreements are legally recognized as long as they fulfill the validity requirements of contracts as stipulated in Article 1320 of the Indonesian Civil Code. In the case examined, the Panel of Judges established the existence of a legal relationship between the creditor and the debtor based on evidence such as fund transfer records, correspondence, and witness testimony, thereby confirming that the oral agreement possessed sufficient evidentiary value. However, the request for the seizure of shares as security was rejected because it conflicted with Supreme Court guidelines and involved public interests in the electricity sector. This study has both theoretical and practical significance, as it clarifies the legal standing of oral agreements in civil evidentiary law and provides guidance for judges and litigants in assessing evidence in debt-related disputes. Nevertheless, the study recommends that agreements be documented in written form to ensure legal certainty and facilitate proof in judicial proceedings. Keywords: oral agreement; evidence; debt; breach of contract
DIGITALISASI PERTANAHAN DAN PENDAFTARAN TANAH ELEKTRONIK: EVALUASI EFEKTIVITASNYA DALAM MENEKAN MAFIA TANAH DI INDONESIA Machfud, Akbar Emirsyarif; Suparjo, Suparjo
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6660

Abstract

The land registration system in Indonesia, which is still dominated by paper-based databases, is considered no longer capable of optimally guaranteeing legal certainty of land rights. Outdated data, weak system integration, and limited access to information open the door to abuse of authority and manipulation of land data. These conditions are exploited by land mafia to carry out illegal practices, such as document forgery and the issuance of duplicate certificates, which ultimately harm landowners and undermine public trust in the national land system. This study aims to analyze the effectiveness of land digitization and electronic land registration in minimizing the practices of land mafia in Indonesia. The research method used is normative legal research with a regulatory and conceptual approach, supplemented by an analysis of digital land policy. The results show that electronic land registration has the potential to increase transparency, data accuracy, and land administration accountability, thereby closing the loopholes that have been exploited by land mafia. However, the effectiveness of this system still faces challenges in terms of infrastructure readiness, human resource quality, and regulatory harmonization. Therefore, strengthening the electronic land registration system needs to be accompanied by institutional reform and consistent law enforcement in order to achieve legal certainty and protection of land rights.Keywords: Electronic Land Registration; Land Digitalization; Land Mafia; Legal Certainty; Land Administration
TANGGUNG JAWAB PELAKU USAHA YANG TIDAK MENERAPKAN ASAS ITIKAD BAIK DALAM TRANSAKSI JUAL IPHONE BEKAS DI TENGGARONG Efendi, Muhammad Fauzan; Susanti, Erna; Damanik, Amsari
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6709

Abstract

The rapid development of technology in Indonesia has significantly increased consumer demand for electronic devices, particularly iPhones, including those traded in the second-hand market. This phenomenon has encouraged the growth of second-hand iPhone trading activities conducted by business actors in Tenggarong City. However, in practice, various legal issues have arisen that are detrimental to consumers, particularly in the form of breach of contract resulting from the failure of business actors to fulfill their legal obligations. This study aims to analyze the forms of breach of contract in second-hand iPhone sale and purchase transactions, as well as the legal consequences for business actors who fail to apply the principle of good faith. The research employs a socio-legal approach using both normative and empirical methods. The findings indicate that business actors do not comply with their obligations as stipulated in Law Number 8 of 1999 on Consumer Protection, particularly Article 7 letter (a), which mandates business actors to act in good faith in conducting their business activities. Such violations are manifested in the failure to provide accurate, clear, and honest information regarding the condition of the second-hand iPhones sold, the failure to honor promises related to warranties or replacement of goods, and the avoidance of responsibility in addressing consumer complaints. Consequently, business actors may be held legally liable for breach of contract and violations of consumer protection laws, resulting in obligations to provide compensation and fulfill consumers’ rights in accordance with applicable laws and regulations.Keywords: Breach of Contract; Good Faith; Consumer Protection; Second-Hand iPhone Transactions
MALPRAKTIK OLEH TENAGA KEPERAWATAN DI FASILITAS KESEHATAN PRIMER: URGENSI PENGUATAN SISTEM PENGAWASAN DAN PERLINDUNGAN HUKUM PASIEN Sartono, Sartono; Rahmat, Sandy Marzuqi; Arfiyah, Gemah; Fikri, Ahmad Ma’mun
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7610

Abstract

This study aims to provide a comprehensive legal understanding of nurses’ liability in malpractice cases at primary healthcare facilities. Using a normative legal approach and analyzing laws such as Law No. 38 of 2014 on Nursing and Law No. 36 of 2014 on Health Workers, it finds that nurses are authorized to provide care only within their competencies. Violations may lead to criminal, civil, or administrative liability. The study also reveals weak delegation of authority and institutional oversight, contributing to malpractice risks. Strengthening responsive regulations and preventive, continuous supervision is urgently needed. The findings are expected to inform policymakers and professional organizations in enhancing patient legal protection and clarifying the scope of nursing responsibilities. Keywords: Nursing Malpractice; Primary Healthcare Facilities; Oversight System; Legal Protection For Patients

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