Zaaken: Journal of Civil and Business Law
aaken: Journal of Civil and Business Law merupakan media jurnal elektronik sebagai wadah untuk publikasi hasil penelitian dari skripsi/tugas akhir dan atau sebagian dari skripsi/tugas akhir mahasiswa strata satu (S1) Fakultas Hukum Universitas Jambi yang merupakan kewajiban setiap mahasiswa untuk mengunggah karya ilmiah sebagai salah satu syarat untuk wisuda sarjana. Artikel ditulis bersama dosen pembimbingnya serta diterbitkan secara online. Zaaken: Journal of Civil and Business Law merupakan jurnal berkala ilmiah di bidang Hukum Perdata dan Hukum Bisnis, yang diterbitkan oleh Fakultas Hukum Universitas Jambi, dengan kuantitas 3 (tiga) kali terbit dalam setahun, pada Bulan Februari, Juni, dan Oktober.
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<![CDATA[Dualisme Kewenangan Pengadilan Negeri dan Pengadilan Agama dalam Pengangkatan Anak Beragama Islam ]]>
<![CDATA[Dian Prameswari, Ineke]]>;
<![CDATA[Rosmidah, Rosmidah]]>;
<![CDATA[Oktaviarni, Firya]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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<![CDATA[This study aims to analyze judicial authority in cases of child adoption for Muslims, particularly the conflict between the jurisdiction of the District Court and the Religious Court. Child adoption plays an important role in ensuring the protection and welfare of children, yet in practice it often creates dualism of authority that leads to legal uncertainty. This research applies a normative juridical method with statutory, conceptual, and case study approaches. The findings reveal that District Courts continue to accept and adjudicate adoption cases involving Muslim children based on the Child Protection Law and Supreme Court Circular Letters. However, this practice contradicts Law Number 3 of 2006 on Religious Courts, which explicitly grants absolute authority over adoption cases for Muslims to the Religious Court. This situation results in a normative conflict between general civil law and Islamic family law jurisdiction. Therefore, harmonization of regulations, clearer delineation of judicial authority, and increased judicial awareness are needed to avoid overlapping decisions. The study concludes that legal certainty and optimal child protection can only be achieved if the absolute jurisdiction of the Religious Court is upheld, in line with the principle of lex specialis derogat legi generali.]]>
<![CDATA[Penyelesaian Sengketa Tanah antara Masyarakat Kelurahan Betara Kiri dengan Pihak Perusahaan Melalui Mediasi ]]>
<![CDATA[Mayang Hamidah, Siti]]>;
<![CDATA[Alissa, Evalina]]>;
<![CDATA[Manik, Herlina]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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<![CDATA[Land disputes remain a persistent problem in Indonesia due to increasing land demand and weak law enforcement. Previous studies often emphasize litigation, while research on the effectiveness of mediation in local land conflicts is still limited. This study addresses that gap by examining the land dispute between the community of Kelurahan Betara Kiri and a private company in Tanjung Jabung Barat Regency, Jambi Province. The objective is to analyze the mediation process as an alternative dispute resolution mechanism and to identify the main obstacles to its effectiveness. Using an empirical legal approach, the study finds that mediation has been attempted repeatedly since 2018, involving local government, the Forestry Service, and law enforcement agencies. However, the process has not been effective due to persistent disagreements over land ownership interpretation, breach of partnership agreements, leadership dualism within farmer groups, and weak compliance with mediation outcomes. The contribution of this research lies in demonstrating how the combination of unclear land tenure arrangements, institutional weaknesses, and low community legal awareness undermines mediation as a settlement tool. The findings highlight the need for stronger legal certainty, more transparent facilitation, and firmer enforcement to enhance the role of mediation in resolving agrarian conflicts in Indonesia.]]>
<![CDATA[Tinjauan Yuridis atas Badan Usaha Milik Desa (BUMDES) Sebagai Badan Hukum ]]>
<![CDATA[Pafrico R, Randi]]>;
<![CDATA[Muskibah, Muskibah]]>;
<![CDATA[Naili Hidayah , Lili]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.43123
<![CDATA[This study aims to analyze the regulation of Village-Owned Enterprises (BUMDes) as legal entities and their liability for third-party losses within the framework of Indonesian legislation. The research employs a normative legal method with statutory and conceptual approaches to examine the synchronization of existing regulations. The findings indicate that when BUMDes are established in the form of a Limited Liability Company (PT), the formation process must comply with two legal frameworks: Government Regulation No. 11 of 2021 on Village-Owned Enterprises and Law No. 40 of 2007 on Limited Liability Companies. Regarding liability, BUMDes as a legal entity are obliged to compensate third-party losses in accordance with legal responsibility principles. However, the scope of liability differs depending on whether the loss arises from the negligence of management or from the fault of the BUMDes itself. This study concludes that the regulation of BUMDes as legal entities, particularly in the form of PT, faces regulatory dualism that may create legal uncertainty. Therefore, a specific regulation is required to comprehensively govern the legal status of BUMDes and their liability mechanisms, thereby strengthening legal certainty and enhancing their role as drivers of rural economic development.]]>
<![CDATA[Diskursus Yuridis Bukti Elektronik dalam Perkara Perceraian: Analisis Komparatif Dua Putusan Pengadilan Agama ]]>
<![CDATA[Ardelia Fairuz , Numara]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.43219
<![CDATA[This study examines the use of electronic evidence in divorce proceedings at Religious Courts, focusing on the differences in judicial reasoning. The divergence is evident in the decision of the Gedong Tataan Religious Court No. 0371/Pdt.G/2020/PA.Gdt, which rejected electronic evidence for not meeting formal requirements, compared with the Tulang Bawang Religious Court decision No. 0501/Pdt.G/2017/PA.Tlb, which accepted such evidence despite its lack of formal validity. The research gap lies in the inconsistency of applying the provisions on electronic evidence after the enactment of the Electronic Information and Transactions Law (ITE Law), which creates potential legal uncertainty. This study employs a normative juridical method with statutory, case, and conceptual approaches. Its contribution is to provide an understanding of the legal basis and judicial practice in assessing electronic evidence in divorce cases, as well as how judges interpret the principle of authenticity. The findings reveal that the Gedong Tataan judges emphasized formal aspects and excluded electronic evidence even when undisputed, while the Tulang Bawang judges applied the presumption of authenticity by accepting undisputed evidence. This contrast highlights the need for clearer standards to ensure legal certainty in the use of electronic evidence in divorce cases.]]>
<![CDATA[Independensi Lembaga Pengawas: Kunci Efektivitas Undang-Undang Perlindungan Data Pribadi ]]>
<![CDATA[Hs, Fatimah]]>;
<![CDATA[Rahmatullah, Nursalam]]>;
<![CDATA[Hamsah, Hamsah]]>;
<![CDATA[Hasmiati, Hasmiati]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.43497
<![CDATA[This study aims to analyze the implementation of personal data protection under Law Number 27 of 2022 and to examine the urgency of establishing an independent supervisory authority for personal data protection. The research employs a normative juridical approach by reviewing primary and secondary legal sources as well as relevant literature, then analyzed descriptively to identify regulatory and institutional weaknesses. The findings indicate that although Law Number 27 of 2022 marks a significant step in protecting personal data in Indonesia, its provisions remain partial due to the absence of an independent supervisory body. The lack of such authority may undermine law enforcement, as a body directly under the president is vulnerable to political and bureaucratic interests. This study emphasizes that an independent supervisory institution is essential to ensure legal compliance, the enforcement of sanctions, and the effective protection of citizens’ privacy rights. Therefore, the establishment of an autonomous supervisory authority is urgent to realize the objectives of the Personal Data Protection Law in ensuring justice, legal certainty, and utility.]]>
<![CDATA[Peran Hukum Perdata Internasional dalam Sengketa Merek Dagang: Studi Kasus Astra Honda Motor vs Trek Bicycle Corporation ]]>
<![CDATA[Sulistianingsih , Dewi]]>;
<![CDATA[Felix Kusbintoro, Arsenius]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.43548
<![CDATA[This study examines the role of Private International Law in resolving the trademark dispute between PT Astra Honda Motor (AHM) and Trek Bicycle Corporation (TBC) concerning the “Marlin” trademark. Using a normative juridical approach, the research relies on secondary data such as legislation, legal documents, and relevant literature. The findings reveal that Private International Law plays a strategic role in providing certainty regarding jurisdiction, applicable law, and cross-border intellectual property rights protection. The application of the principles of choice of law and choice of forum serves as a key mechanism in determining the governing law and the competent forum to adjudicate disputes. This research underscores the importance of a comprehensive understanding of Private International Law for legal practitioners and policymakers in addressing the complexities of globalization. Practically, it recommends that multinational companies adjust their legal strategies to accommodate differences in legal systems and intellectual property standards across jurisdictions, thereby ensuring effective trademark protection and adaptation to the evolving international legal environment]]>
<![CDATA[Kepailitan Perusahaan Asuransi antara Kepastian Hukum dan Perlindungan Konsumen ]]>
<![CDATA[Maprilia Janur Putri, Ananda]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.44022
<![CDATA[This study aims to analyze the bankruptcy of insurance companies from juridical, philosophical, and sociological perspectives within the framework of Indonesian legislation. The main issue addressed is the legal vacuum in filing a Suspension of Debt Payment Obligations (PKPU) against insurance companies, in which authority is exclusively held by the Financial Services Authority (OJK), while policyholders face limited legal access. This research employs a normative juridical method with statutory, case, and conceptual approaches. The findings reveal that, juridically, restricting the authority to file PKPU solely to OJK creates legal uncertainty for policyholders. Philosophically, the application of John Rawls’ theory of justice demonstrates an imbalance between safeguarding the stability of the insurance industry and protecting consumer rights. Sociologically, such restrictions have undermined public trust in the insurance sector and reduced the effectiveness of consumer protection. These findings emphasize the need to strengthen bankruptcy regulations for insurance companies in order to ensure legal certainty while simultaneously protecting policyholders as vulnerable parties.]]>
<![CDATA[Analisis Yuridis Perjanjian Simpan Pinjam pada Koperasi Graha Arta Prima ]]>
<![CDATA[Ayu Praditha, Azzahra]]>;
<![CDATA[Amir, Diana]]>;
<![CDATA[Syelvita, Rema]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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<![CDATA[A savings and loan agreement is a relationship that often occurs between a savings and loan cooperative and its members. This agreement is the legal basis for the activity of borrowing and lending funds carried out by members to the cooperative. The savings and loan agreement between the savings and loan cooperative and its members is a legal relationship based on the principle of family and mutual trust between the cooperative and its members. The objectives of this study are: 1) to determine and analyze the rights and obligations between the Graha Arta Prima Cooperative and its members. 2) to determine and analyze the factors that influence the savings and loan agreement between the Graha Arta Prima Cooperative and its members. The method used in this study is an empirical legal approach by conducting direct interviews with the management and members of the cooperative. The results of this study are that there are still members of the Graha Arta Prima cooperative who are negligent in carrying out their obligations. This is based on several factors that affect the ability of members to carry out their obligations. These factors are external and internal factors experienced by members while involved in the savings and loan agreement in the Graha Arta Prima cooperative. The factor that is the biggest cause is the external factor in the form of economic conditions that often worsen. So that it affects debtors in carrying out their obligations.]]>
<![CDATA[Perlindungan Konsumen terhadap Hilangnya Saldo Uang Elektronik Berbasis Server (Studi Kasus Aplikasi DANA di Kota Jambi) ]]>
<![CDATA[Nur Matasari, Lala]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.44637
<![CDATA[The purpose of the study is to understand and analyze the form of consumer protection against the loss of server-based electronic money. The research method used in this thesis is Empirical Jurisprudence using the interview method. The results of the study indicate that there is a lack of adequate legal protection for E-wallet users in dealing with the problem of losing balances that occur in the digital payment system. Where E-wallet users often experience problems with their balances decreasing for no apparent reason, where complaints of obstacles experienced by consumers are not resolved properly both materially and immaterially. This can occur due to system errors, personal data leaks, fraud or unauthorized access from third parties. This problem also arises due to the lack of strict legal protection. legal protection provided to E-wallet users in Indonesia is still considered weak and inadequate. Unclearness about the rights and obligations of service providers and consumer protection in digital transactions, including misuse or loss of balance. the need for improvements in strengthening the security system, transparency of communication, and efficiency in the balance return process to increase protection for E-wallet users in facing the risk of losing their balance. This causes losses to consumers who have spent their time and money, but consumers have never made demands for their rights to the Payment System Service Provider or referred to as business actors.]]>
<![CDATA[Analisis Implementasi Kemitraan Bank Sampah Dan Dinas Lingkungan Hidup Dalam Pengelolaan Sampah Di Kota Jambi ]]>
<![CDATA[Fauzi, Gian]]>;
<![CDATA[Pahlefi, Pahlefi]]>;
<![CDATA[Windarto, Windarto]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v6i2.44726
<![CDATA[This research aims to identify and analyze the implementation of partnership between waste banks and the Environmental Agency of Jambi City in waste management and to analyze the constraints in implementing the partnership between waste banks and the Environmental Agency in waste management. The type of research used in this study is juridical empirical with data collection methods in the form of interviews and direct field observations. From the research results, it is known that 1). The implementation of the partnership between the Environmental Agency and the Main Waste Bank of Jambi City was formed through an official appointment in the Decree of the Head of the Environmental Agency of Jambi City Number 161 of 2020 2). The main constraints in running the partnership are due to the independent nature of the Waste Bank and the lack of human resources provided by the Environmental Agency.]]>
