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muchamad arif
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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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ANALISIS PERBANDINGAN HAK KEBENDAAN DAN HAK PERORANGAN DALAM SISTEM HUKUM PERDATA INDONESIA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Property rights and individual rights are two important concepts in the civil law system that have different characteristics, principles, and legal consequences. Both types of rights are systematically regulated in the Civil Code, specifically in Book II, which regulates property and property rights, and Book III, which regulates obligations. This article aims to analyze the definitions, characteristics, and legal principles underlying property rights and individual rights, while also examining the differences between the two in terms of subject, object, nature of rights, and mechanisms for their transfer and legal protection. This research uses a normative legal approach by examining statutory provisions, legal doctrine, and relevant literature. The results show that property rights grant direct power to the rights holder over an object and can be defended against anyone (absolute). These rights are also subject to the principles of priority and droit de suite, which allow the rights to follow the object in the hands of anyone who holds the object. In contrast, individual rights are relative because they only apply between parties bound by a legal relationship or agreement. These differences are also evident in the mechanisms for the transfer of rights and the form of legal protection. Therefore, property rights have broader legal force than individual rights in the civil law system. Keywords: property rights, individual rights, civil law, Civil Code, contracts, property law
HUKUM PERDAGANGAN DAN KETENAGAKERJAAN IMAM FAYRUS ZABADI
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This article examines trade and employment law in the context of globalization, which is increasingly influencing economic dynamics and employment relations in various countries. Globalization has led to increased cross-border trade activity and changes in the relationship between businesses and workers, which demands adaptive and responsive legal regulations. This study aims to analyze how trade and employment law has developed in the era of globalization and to identify various issues that arise related to regulations in both areas. The method used is a normative juridical approach by examining various laws and regulations, legal literature, and concepts related to trade and employment. The results of the study indicate that globalization provides opportunities for increased international trade and investment, but also poses challenges in labor protection, business competition, and regulatory harmonization between countries. In addition, various issues remain, such as inequality in worker protection, labor market flexibility, conflicts of interest between businesses and workers, and the need for legal policy reforms that can balance economic growth with social justice. Therefore, it is necessary to strengthen regulations and synergy between the government, business actors, and workers to create a fair, sustainable trade and employment system that is capable of facing the challenges of globalization. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium
HUKUM ACARA PERADILAN TATA USAHA NEGARA (Kewenangan Peradilan Tata Usaha Negara Serta Subjek Dan Objek PTUN di Indonsesia) MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

ABSTRACT The State Administrative Court (PTUN) is a judicial institution that plays an important role in the Indonesian legal system, particularly in resolving disputes between citizens or civil legal entities and state administrative bodies or officials. The existence of the PTUN aims to provide legal protection to the public against government administrative actions or decisions that are considered detrimental and to realize government administration based on the principles of the rule of law. This study aims to analyze the authority of the State Administrative Court in Indonesia and examine the subjects and objects within the scope of the PTUN's authority. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used include primary legal materials in the form of laws and regulations related to the State Administrative Court and secondary legal materials in the form of books, journals, and relevant legal literature. The results of the study indicate that the PTUN's authority is basically to examine, decide, and resolve state administrative disputes arising from the issuance of State Administrative Decisions by state administrative bodies or officials. The subjects in a PTUN dispute consist of the plaintiff, namely the injured person or civil legal entity, and the defendant, namely the state administrative body or official who issued the decision. The object of the PTUN dispute is the State Administrative Decision which is concrete, individual, and final and has legal consequences for the individual or civil legal entity. Thus, the existence of the PTUN plays a crucial role in ensuring legal protection for the public and overseeing government administrative actions to ensure they remain in accordance with applicable legal principles. Keywords: State Administrative Court, PTUN authority, PTUN subject, PTUN object, state administrative dispute
HARMONISASI NORMA KERJA INTERNASIONAL KE DALAM HUKUM KETENAGAKERJAAN INDONESIA: KAJIAN HUKUM NORMATIF AZIZ PANJI A.
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 examines the issue of harmonization between international labor law norms, particularly the International Labor Organization (ILO) conventions ratified by Indonesia, and domestic labor regulations. The main problem is that Indonesia has ratified 26 ILO conventions, including all eight fundamental conventions, but there is a consistent gap between these international commitments and the actual legal conditions of labor. This study uses a normative legal research method with a statute approach, a comparative approach, and a historical approach. Primary legal materials include ratified ILO conventions, Law No. 13 of 2003 on Manpower, and Law No. 6 of 2023. The study found three main structural problems: first, the mechanism for transforming international norms into Indonesian national law is inconsistent and lacks clear standards; second, Law No. 6 of 2023, which is the enactment of the Job Creation Perppu, contains a number of provisions that run counter to ILO protection standards; and third, the weak labor inspection system perpetuates the gap between written law and actual practice despite legislative reforms. This study argues that true harmonization requires more than just formal ratification; it requires substantive legislative transformation and effective enforcement. Keywords: Labour Law, ILO Conventions, Legal Harmonization, Norm Transformation, Job Creation Law
USULAN ATAU RANCANGAN ATURAN YANG MENGATUR TATA CARA DI PENGADILAN AGAMA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Religious court procedural law is a set of rules governing the procedures for resolving cases within the religious courts. These rules serve as guidelines for the parties, judges, and court officials in conducting the judicial process in an orderly, fair manner, and in accordance with applicable legal provisions. This article aims to examine the definition of religious court procedural law, its underlying principles, and the purpose and function of such procedural law in judicial practice. This research uses a normative legal approach by examining various provisions of laws and regulations and literature related to religious court procedural law. The results of the study indicate that religious courts are one of the legitimate judicial institutions within the national judicial system, authorized to examine, decide, and resolve certain cases for the Muslim community. The establishment and authority of this institution are regulated in the Religious Courts Law and its amendments. In practice, the case resolution process in religious courts begins with case registration through the clerk's office, an examination of administrative completeness, and the appointment of a panel of judges by the chief justice to examine and adjudicate the case. With the existence of religious court procedural law, it is hoped that the case resolution process will be effective, transparent, and provide legal certainty for those seeking justice. Keywords: religious court procedural law, religious courts, principles of justice, litigation process, Indonesian judicial system
PRAKTIK PENAHANAN IJAZAH DALAM HUBUNGAN KERJA: TINJAUAN HUKUM KETENAGAKERJAAN DAN PERLINDUNGAN HAK ASASI PEKERJA TAMSIL AINNUR RIZAL; ARI PRIATMOKO; DIAN ARIEF RAHMAN YUSUF
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The withholding of diplomas from workers is a practice in the employment sector that currently lacks definitive provisions. Therefore, legal certainty remains a gray area. This study was conducted to provide an overview. Although there are no definitive provisions governing the withholding of diplomas by employers, disputes can still be filed through civil proceedings. This study used a normative juridical method through a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The results indicate that the withholding of diplomas by employers can cause harm in the event of a dispute, and therefore can be filed through Civil Procedure Law, specifically for Unlawful Acts. Therefore, the government, as the regulator at the ministerial level, Governor Regulations, and Mayoral/Regent Regulations, must immediately establish these regulations to ensure implementation in the field is not left in a gray area. Keywords: withholding of diplomas, employment, gray area, rights
DINAMIKA HUKUM PERDAGANGAN DAN KETENAGAKERJAAN DALAM ERA GLOBALISASI: ANTARA INTEGRASI PASAR DAN PERLINDUNGAN PEKERJA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Globalization has brought significant changes to various aspects of life, including trade and employment law. Global economic integration encourages countries to adapt their national legal systems to align with international standards and regulations. This article aims to analyze the impact of globalization on the transformation of trade and employment law and examine the challenges and opportunities that arise in this context. The research method used is a normative juridical approach by reviewing various literature, laws and regulations, and relevant legal concepts. The results of the study indicate that globalization encourages the harmonization of trade law through state involvement in the international trade system, particularly through the World Trade Organization, which demands the alignment of national regulations with global trade principles. The development of digital technology has also expanded the scope of trade through e-commerce, requiring new legal arrangements, including those related to data protection and electronic transactions. In the employment sector, globalization has given rise to new dynamics such as increased labor mobility and the development of the gig economy, which pose challenges in protecting workers' rights. In the Indonesian context, labor regulatory reform policies such as the Job Creation Law reflect the government's efforts to balance investment interests with labor protection. Thus, globalization presents both opportunities and challenges in the development of trade and employment law at the national and international levels. Keywords: Globalization, Trade Law, Employment Law, International Trade, Gig Economy
KRIMINALISASI DAN DEKRIMINALISASI DALAM KUHP BARU: TELAAH NORMATIF ATAS TINDAK PIDANA TERTENTU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 AZIS PANJI A.
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This study normatively examines specific criminal acts that underwent substantive reformulation in Law No. 1 of 2023 on the Criminal Code (New Criminal Code), which will take full effect on January 2, 2026. The study focuses on three clusters of criminal acts that are most academically controversial: offenses against the dignity of the President and state institutions (Articles 218–220), sexual morality offenses particularly cohabitation and adultery (Articles 411 and 415), and contempt of court (Article 281). Normative legal research methodology is employed with statutory, conceptual, and case approaches (Constitutional Court Decision No. 013-022/PUU-IV/2006). Two principal normative tensions are identified: first, the tension between the harm principle as a modern criminalization principle recognized in criminal law doctrine and the legal moralism approach that characterizes several provisions of the New Criminal Code; second, the tension between the lex certa principle and provisions using overly broad formulations susceptible to abuse. The study also identifies that the article on presidential dignity presents a constitutionality problem not fully resolved by the prior Constitutional Court ruling due to differences in normative formulation. Keywords: New Criminal Code, Criminalization, Harm Principle, Legal Moralism, Legal Certainty
MEDIASI PENAL DALAM PERKARA PIDANA HAK KEKAYAAN INTELEKTUAL SEBAGAI BENTUK KEADILAN KOREKTIF DALAM SISTEM PERADILAN PIDANA VERRELL TRISTAN SULISTIANO
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Law enforcement against violations of Intellectual Property Rights (IPR) in Indonesia has predominantly relied on repressive criminal sanctions. Such an approach often raises legal concerns, as IPR tes are fundamentally associated with economic interests and legal relationships between rights holders and other parties. In this context, the immediate use of criminal punishment may disregard the principle of proportionality and hinder more effective mechanisms for resolving conflicts. This study aims to analyze the legal construction of penal mediation in intellectual property crimes and to assess its relevance as a form of corrective justice within the criminal justice system. This research employs normative legal research using statutory and conceptual approaches by examining legislation, legal doctrines, and international legal instruments related to restorative justice and penal mediation. The findings indicate that both international legal developments and national regulations have provided a legal basis for the application of penal mediation as a more proportional mechanism for resolving criminal disputes. Provisions within the Copyright Law and the Patent Law even place mediation as a procedural requirement before criminal prosecution may be pursued. This demonstrates that penal mediation functions as a corrective mechanism within the criminal justice system, balancing the protection of intellectual property rights, business sustainability, and public interest. Therefore, the application of penal mediation in IPR cases should be recognized as an essential instrument to promote a more effective, proportional, and restorative approach to law enforcement. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium
HUKUM INTERNASIONAL SEBAGAI SISTEM HUKUM: ANALISIS HAKIKAT, KELEMAHAN, DAN PRAKTIK PENERAPANNYA DI BERBAGAI NEGARA IMAM FAYRUS ZABADI
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

International law is a set of norms and principles that govern relations between subjects of international law, primarily states and international organizations. This article aims to analyze three important aspects in the study of international law: the nature of international law as a legal system, its weaknesses, and the practice of its application in several countries. This research uses a normative juridical approach by examining various literature, expert doctrines, and the practice of applying international law in national legal systems. The results of the study indicate that international law is essentially real law and not merely positive morality. Although it lacks legislative institutions and strong coercive mechanisms like those in national legal systems, as criticized by Austin, international law still fulfills the basic elements of a legal system: the existence of governing norms, the existence of the international community as a legal subject, and the existence of enforcement mechanisms through various forms of sanctions and international pressure. However, international law also has a number of weaknesses, particularly in the aspect of law enforcement and the clarity of norms, which often give rise to differences in interpretation. In practice, the application of international law shows variation in various countries, such as the United Kingdom, the United States, and Indonesia, each of which has its own mechanism for adopting and implementing international law into its national legal system. Keywords: International law, the nature of international law, weaknesses of international law, international legal practice, international law and national law

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