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INDONESIA
HUKUM BISNIS
Published by Universitas Narotama Surabaya
ISSN : -     EISSN : 24600105     DOI : https://doi.org/10.31090/hukumbisnis.v3i1.829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary law
Arjuna Subject : Umum - Umum
Articles 201 Documents
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PENDAPAT HUKUM TENTANG PEMBENTUKAN “KAMPUNG RESTORATIVE JUSTICE” DI KABUPATEN GRESIK PARTIWI, FRIDA
Jurnal HUKUM BISNIS Vol 10 No 4 (2026): Volume 10 No 4 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

“Kampung Restorative Justice” is a community-based initiative aimed at resolving criminal cases through restorative justice principles that emphasize restoring relationships between offenders, victims, and the community. Unlike conventional approaches that focus mainly on punishment, this model prioritizes mediation, dialogue, and mutual agreement to achieve fair and balanced outcomes for all parties involved. The concept was developed to implement restorative justice at the village level, particularly in rural communities where social harmony and collective values play a significant role in maintaining order. In this approach, case resolution does not only impose sanctions on offenders but also seeks to repair the harm caused by the crime and rebuild trust among community members. Its main objectives include restoring damaged relationships, achieving peaceful settlements through agreements accepted by all parties, increasing public awareness about restorative justice, and preventing future crimes by encouraging offenders to take responsibility for their actions. The implementation generally involves mediation facilitated by community leaders, traditional authorities, or religious figures who act as neutral mediators. Community participation is essential, as residents may serve as witnesses or stakeholders in the reconciliation process. This model has been applied in resolving minor offenses such as petty theft and minor assault. However, challenges remain, including limited public understanding, differing views among law enforcement officials, and inadequate facilities to support mediation processes. Keyword: Restorative justice, Kampung Restorative Justice, community-based dispute resolution, mediation, criminal justice reform
KEKUASAAN DALAM PENYELENGGARA PEMERINTAH DAERAH SULISTIANO, VERRELL TRISTAN
Jurnal HUKUM BISNIS Vol 10 No 4 (2026): Volume 10 No 4 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Indonesia is a state based on the rule of law which places the limitation and distribution of power as a fundamental principle in the administration of government. Within the framework of the Unitary State of the Republic of Indonesia, the division of authority between the central government and regional governments serves as an essential mechanism to ensure effective governance and to promote public welfare. The diversity of Indonesian society, consisting of various ethnic groups, cultures, and customary legal systems, also influences the formulation of regional policies. Consequently, regional regulations must accommodate local needs while remaining consistent with higher legal norms, particularly the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the relationship pattern between regional executive institutions and regional legislative institutions as well as the distribution of power between the central and regional governments within the Indonesian constitutional system. The research employs a normative legal research method with a statutory approach. The findings indicate that the relationship between regional executive and legislative institutions is essentially based on a partnership model grounded in the principle of checks and balances in regional governance. Furthermore, the distribution of power between the central and regional governments is implemented through decentralization mechanisms regulated by legislation to maintain a balance of authority and ensure effective governance within a constitutional state. Keywords: distribution of power, central government, regional government
RELASI KONSEPTUAL ILMU NEGARA DAN PENGANTAR ILMU HUKUM DALAM SISTEM PENDIDIKAN HUKUM INDONESIA A., AZIZ PANJI
Jurnal HUKUM BISNIS Vol 10 No 4 (2026): Volume 10 No 4 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study examines the conceptual relationship between State Science (Staatslehre) and Introduction to Legal Studies (PIH) as two foundational courses in Indonesian legal education. The central problem addressed is why two disciplines that conceptually support each other are consistently treated as independent entities in the curriculum, and what the intellectual consequences of this separation are. This study employs normative legal research methodology using conceptual and comparative approaches. Primary legal materials include statutory provisions relevant to the formation of Indonesia's rechtsstaat, while secondary legal materialsencompass literature in constitutional law theory, state theory, and legal philosophy from verifiable sources. The findings demonstrate that State Science and PIH stand in a coconstitutive relationship: State Science provides the ontological foundation for why the state has authority to create and enforce law, while PIH explains how that authority is actualized within a positive norm system. The concept of the rechtsstaat constitutes the strongest intersection point between them. The existing pedagogical separation produces a structural comprehension deficit in law students, and this study argues that curricular integration is not merely a pedagogical preference but a requirement of epistemological coherence. Keywords: State Science, Introduction to Legal Studies, Staatslehre, Rechtsstaat, Normative Legal Education
ILMU NEGARA DAN PENGANTAR HUKUM INDONESIA: NEGARA HUKUM PANCASILA SEBAGAI JEMBATAN KONSEPTUAL DALAM PEMBENTUKAN KESADARAN HUKUM NASIONAL Irza Ahmad Firdany
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study examines the relationship between State Science as a theoretical discipline on the nature and form of the state, and Introduction to Indonesian Law (PHI) as a discipline that contextually introduces the national positive legal system to law students. PHI differs fundamentally from Introduction to Legal Studies (PIH) which is universal in nature: PHI specifically addresses the legal system operative in Indonesia with its three normative layers, state law, customary law, and religious law, a configuration not found in equivalent form elsewhere. This study argues that the relationship between State Science and PHI is historical contextual: to understand why PHI takes its plural form, students must understand how Indonesia as a state was constituted, a process of formation that constitutes the core material of State Science. Normative legal research methodology is employed with historical, conceptual, and statutory approaches. The study finds that the concept of the Pancasila rechtsstaat constitutes the strongest conceptual bridge between State Science and PHI, and that Indonesian legal pluralism can only be fully understood within the framework of political-legal choices made at the time of state formation. The study recommends a pedagogical approach that explicitly integrates Indonesian constitutional history into PHI. Keywords: State Science, Introduction to Indonesian Law, Pancasila Rechtsstaat, Legal Pluralism, Indonesian Legal History
HUKUM ACARA PERADILAN PIDANA SERANGKAIAN ATURAN DAN PROSEDUR YANG MENGATUR PENEGAKAN HUKUM TERKAIT TINDAK PIDANA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Criminal procedural law is a set of rules and procedures governing the enforcement of criminal acts within the criminal justice system. Through criminal procedural law, the process of handling criminal cases is carried out in a structured manner, starting from the stages of inquiry, investigation, prosecution, examination in court, and implementation of court decisions. The existence of criminal procedural law aims to ensure that the law enforcement process runs in accordance with the principles of justice, legal certainty, and protection of human rights for all parties involved in criminal cases. This study aims to analyze the definition of criminal procedural law, its objectives and functions, the principles underlying its implementation, and the parties involved in the criminal justice process. In addition, this study also discusses the stages of the implementation of the criminal procedural process, the types of evidence used in criminal cases, and the differences between criminal procedural law and civil procedural law. The research method used is normative legal research with a statutory approach and a conceptual approach through literature studies of various relevant legal sources. The results of the study indicate that criminal procedural law plays an important role in systematically regulating law enforcement mechanisms and ensuring the implementation of a fair and transparent judicial process. With clear procedural rules, criminal procedure law can protect the rights of suspects, defendants, and victims, while also assisting law enforcement officials in objectively and responsibly establishing the material truth in a criminal case. Keywords: Keywords: criminal procedure law, criminal justice process, principles of criminal law, evidence, criminal justice system..
TITIK SINGGUNG KOMPETENSI PERADILAN AGAMA DAN PERADILAN PERDATA DALAM PERKARA WANPRESTASI PURWO ADI NUGROHO
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The Religious Courts only have the authority to adjudicate defaults that occur in the realm of sharia economics between fellow Muslims, provided that they meet the provisions of the absolute competence of Article 49 of Law Number 3 of 2006 Concerning Amendments to Law Number 7 of 1989 Concerning Religious Courts. Conversely, the District Court is authorized to try defaults that are not related to sharia economics, in accordance with the provisions in the Civil Code. The existence of overlapping authority, such as sharia economic cases filed in the District Court, causes the court to exceed the applicable absolute competence (exceeding power), so that the lawsuit must be rejected. These findings emphasize the importance of enforcing material and territorial limits in the examination of default cases, to ensure legal certainty and prevent errors in determining the court forum. Therefore, this research aims to examine the limits of authority (absolute and relative competence) possessed by the Religious Courts and Civil Courts in receiving, examining, and deciding default cases. The approach applied is a juridical-normative approach by utilizing the study of legislation and conceptual approaches related to the theory of court competence, with the formulation of the problem of what are the limits of authority of the Religious Courts and Civil Courts in accepting, examining and adjudicating default. Keywords: Authority, Religious Courts, Civil Courts, Default
ANALISIS HUKUM INTERNASIONAL: TEORI KEBERLAKUAN, RELASI DENGAN HUKUM NASIONAL, DAN KEDUDUKANNYA DALAM SISTEM HUKUM INDONESIA MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

International law is a set of norms and principles that govern the relations between subjects of international law, primarily states and international organizations. This article aims to analyze three main aspects in the study of international law: the theory of the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. This research uses a normative juridical approach by examining various literature, doctrines, and relevant laws and regulations. The results of the study indicate that the applicability of international law is explained through several theories, including natural law theory, the theory of the will of the state, and the objectivist theory that emphasizes the need for order in the international community. In relation to national law, two main approaches are recognized: monism and dualism. The monist approach views international law and national law as a unified legal system, while dualism considers them to be separate legal systems that require a transformation process to be applied in national law. In Indonesia, the application of international law is generally carried out through the process of ratification or ratification of international treaties into national legislation. Thus, the position of international law in the Indonesian legal system depends on the ratification mechanism, so that it has binding legal force after being adopted into national law. This article is expected to provide a conceptual understanding of the position and application of international law in the context of the Indonesian legal system. Keywords: International law, theory of the applicability of international law, the relationship between international law and national law
KEABSAHAN IZIN PEMAKAIAN TANAH PASCA TERBITNYA SK.MENTERI NEGARA AGRARIA /KEPALA BADAN PERTANAHAN NASIONAL NOMOR 53/HPL/BPN/97 TENTANG PEMBERIAN HAK PENGELOLAAN KEPADA PEMERINTAH KOTA SURABAYA TOEK HARTANTIJO
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The enactment of Law Number 5 of 1960 concerning Basic Agrarian Regulations was intended to ensure legal certainty in land ownership and to eliminate the dualism of land laws in Indonesia. However, in practice, various land-related problems continue to arise and often disadvantage members of the community. One of the issues occurs in Surabaya, particularly involving residents who hold green certificates whose land rights have been taken over by the Surabaya City Government. This situation emerged following the issuance of HPL 53/1997, where the Surabaya City Government did not properly implement the provisions stated in the decree. This research applies a normative juridical method using statutory and conceptual approaches to analyze the legal problems related to the implementation of HPL 53/1997. The findings show that the Surabaya City Government did not grant Building Use Rights (HGB) above the Management Right (HPL) as mandated in the second dictum of the decree. Instead, residents holding green certificates were required to pay Land Utilization Contribution (IPT), which contradicts the provisions of the decree. Such actions potentially lead to various legal consequences, including administrative sanctions against government officials, criminal liability related to abuse of authority under Article 3 of the Corruption Law, and civil liability in the form of unlawful acts. Moreover, the issuance and implementation of HPL 53/1997 also raise concerns regarding procedural accuracy, fairness, and the principle of social justice as embodied in the Fifth Principle of Pancasila. Keywords: City Government, HPL 53/97 Decree, Second and Fifth Dictums, Dignified Justice
HUKUM INTERNASIONAL MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This article discusses the concept and applicability of international law and its relationship to national law, particularly in the context of the Indonesian legal system. International law is a set of norms and principles that govern relations between states, international organizations, and other subjects of international law in global relations. This study aims to analyze theories that explain the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. The research method used is a normative juridical approach by examining various legal literature, international treaties, and relevant laws and regulations. The results of the study indicate that the applicability of international law can be understood through several theories, such as monism and dualism, which explain how international law interacts with a country's national law. In practice, the relationship between international law and national law is often influenced by the legal system adopted by each country. In Indonesia, the position of international law is recognized through the ratification mechanism of international treaties and the application of international law principles in various national policies and regulations. Therefore, a comprehensive understanding of the applicability and position of international law is important to ensure harmonization between international obligations and national legal interests in facing the dynamics of global relations. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium
TERTUNDANYA KEPASTIAN HAK ATAS TANAH TELAAH LEGALITAS SURAT IJO DALAM PERSPEKTIF UUPA DAN KEADILAN KONSTITUSIONAL ANDREW WIJAYA; CHRISTOPHER HARTONO
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study aims to analyze the legal status of the "Surat Ijo" from the perspective of the Basic Agrarian Law (UUPA) and its alignment with the principle of social justice mandated by the 1945 Constitution. This research employs a normative juridical approach, involving analysis of legislation, legal doctrines, and relevant legal principles. The findings indicate that, normatively, the Surat Ijo is not recognized as a land right within Indonesia’s national land law system, as it constitutes merely a temporary administrative permit lacking legal certainty. From a constitutional perspective, the application of the Surat Ijo by the Surabaya Municipal Government is considered contrary to the principle of social justice because it places residents in positions of uncertainty regarding their rights and creates unequal treatment. Therefore, regulatory revisions that consider justice, transparency, and legal certainty are necessary to protect citizens' constitutional rights. Keywords: Surat Ijo, Legal Certainity, Social Justice, Land Rights

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