JOURNAL of LEGAL RESEARCH
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Articles
312 Documents
<![CDATA[Kepastian Hukum Terhadap Peralihan Hak Atas Tanah Terkait Hutang Piutang Yang Obyeknya Sedang Dalam Jaminan ]]>
<![CDATA[Sirait, Ryanto]]>;
<![CDATA[Franciska, Wira]]>;
<![CDATA[Marniati, Felicitas Sri]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v5i1.31946
<![CDATA[Campur tangan hukum dalam kehidupan manusia di dalam masyarakat semakin luas. Efektivitas penerapan hukum menjadi semakin penting untuk dipertimbangkan. Teori penyelesaian sengketa dalam penelitian ini merupakan teori yang mengkaji dan menganalisis tentang kategori atau penggolongan sengketa atau pertentangan yang timbul dalam masyarakat, faktor penyebab terjadinya sengketa dan cara-cara atau strategi yang digunakan untuk mengakhiri sengketa tersebut. Jenis penelitian ini adalah kualitatif deskriptif. Metode pendekatan yang digunakan dalam penelitian ini adalah Metode Yuridis Normatif. Hasil penelitian ini adalah bagaimana mengetahui tentang penyelesaian sengketa peralihan hak atas tanah secara sepihak oleh kreditur yang sedang dalam jaminan dan juga mengetahui tentang kepastian hukum terkait peralihan hak atas tanah yang didasari perjanjian hutang piutang.Kata Kunci: Peralihan Hak Atas Tanah, Hutang Piutang, Obyek Sedang Dalam Jaminan]]>
<![CDATA[The Impact of the Constitutional Court's Decision on the Revocation of Authority of the Prosecutor submits a Judicial Review ]]>
<![CDATA[Yunus, Nur Rohim]]>;
<![CDATA[Suhendar, Suhendar]]>;
<![CDATA[Rezki, Annissa]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v5i1.31993
<![CDATA[The right to justice, and human rights more generally, requires the filing of a judicial review (PK) in Indonesia. A judicial review (PK) can be requested by an individual who believes that his rights have been infringed or that the court's judgment is incorrect. The cassation decision can be challenged in court by either the convicted person or the prosecution if they believe it violates basic principles of fairness and legal certainty. However, the Constitutional Court can in its decision revoke the prosecutor's authority to submit a judicial review (PK) because it is considered contrary to human rights, especially in terms of recognition, guarantees, protection and fair legal certainty and equal treatment before the law. This study used a qualitative research method with a statutory and literature approach. The results of the study stated that it was very important for the prosecutor to have the right to submit a judicial review (PK) on the cassation decision of the Supreme Court which was deemed not to have fulfilled legal certainty and justice for the victim and the state. If this is omitted, it will cripple law enforcement. The reason for submission, guarantee, protection and legal certainty for the convict cannot be fully recognized, because there are still rights to guarantee, protection and legal certainty for the victim and the people of Indonesia which must also be maintained and respected. ]]>
<![CDATA[Perlindungan Hukum Terhadap Pencipta Lagu Akibat Pengunggahan Kembali Ke Media Youtube: Analisis Putusan Nomor 913 K/Pdt.Sus-HKI/2022 ]]>
<![CDATA[Andini, Shafiyah Laila]]>;
<![CDATA[Gueci, Jur Rizal Sofyan]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v7i1.32039
<![CDATA[The main issue addressed in this study is the increasing number of copyright infringements in the field of songs and music, particularly by irresponsible parties who re-upload television broadcasts to YouTube, as examined in Court Decision No. 913 K/Pdt.Sus-HKI/2022. The purpose of this study is to identify the judicial considerations in Decision No. 913 K/Pdt.Sus-HKI/2022 regarding the legal protection of songwriters and to analyze the determination of compensation for the creators. This research employs a normative legal method using both the statute approach and the case approach. The findings indicate that, in accordance with Law No. 28 of 2014 on Copyright, copyright disputes are resolved through civil lawsuits filed with the Commercial Court, and no appeal mechanism is available. The judicial considerations in Decision No. 913 K/Pdt.Sus-HKI/2022 are deemed appropriate, as they refer to the relevant provisions of Law No. 28 of 2014 and other applicable regulations and government decrees. This decision reaffirms the state’s role in protecting creators’ moral and economic rights in the digital era.]]>
<![CDATA[Position of the Tax Court Under the State Administrative Court ]]>
<![CDATA[Anggraeni, RR Dewi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 5 No. 1 (2023) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v5i1.35403
<![CDATA[The Tax Court in Indonesia is within the State Administrative Court (PTUN), facing the complexity of tax disputes that require careful and accurate handling. This research explores the position of the Tax Court within the PTUN framework, highlighting the challenges and opportunities faced in dealing with changes in tax laws and regulations. This study seeks to analyze the impact of changes in statutory regulations on the Tax Court and identify strategies to enhance the effectiveness and quality of Tax Court decisions in addressing tax dynamics. This study employs qualitative methods and a legal and scholarly approach. The relevant literature and pertinent laws and regulations are analyzed to understand the issues discussed thoroughly. The research findings indicate that the Tax Court, as an integral part of the PTUN, confronts complex challenges stemming from alterations to tax laws. This study identifies opportunities for enhancing judge training, employing information technology, and collaborating closely with tax agencies. In addressing these obstacles, the Tax Court can ensure equitable, accurate, and consistent decisions, preserve the integrity of the tax justice system, and cultivate public confidence.]]>
<![CDATA[Perjanjian Franchise Antara Mysalon Dan Ratnasari Lukitaningrum (Studi Putusan Mahkamah Agung No.493/Pdt/2018/Pt.DKI) ]]>
<![CDATA[Shabriansyah, Rahmat Ivan]]>;
<![CDATA[Tamrin, Abu]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v7i1.46861
<![CDATA[This study analyzes the breach of contract (wanprestatie) committed by a franchisee in executing the agreement established with the franchisor. The research adopts a statute approach combined with an analytical approach to examine the relevant legal provisions and their practical implications. The findings indicate that RL, as the franchisee, failed to fulfill contractual obligations under the agreement with MYSalon, the franchisor. Initially, MYSalon demonstrated good faith by summoning the franchisee and offering an opportunity to settle outstanding payment obligations. However, the franchisee refused to comply and instead unilaterally closed the MYSalon outlet under their management while filing a lawsuit before the South Jakarta District Court. To prevent the franchisor’s claim from becoming illusory and to ensure compensation for material losses, the franchisor requested the court to impose a conservatory attachment (conservatoir beslag) on all movable assets, equipment, and furniture owned by the franchisee across all managed outlets. Furthermore, the franchisor petitioned the court to prohibit the franchisee from using the MYSalon name and trademark, which legally belong to the franchisor.]]>
<![CDATA[Upaya Kepolisian Republik Indonesia Dalam Penanggulangan Tindak Pidana Perjudian Online ]]>
<![CDATA[Fittra, Diky Hikmatul]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 7 No. 1 (2025) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v7i1.46862
<![CDATA[Online gambling is one form of cybercrime and represents a persistent social problem that has proven difficult to eradicate across generations. This study aims to analyze the legal framework regulating online gambling offenses and the efforts undertaken by the Kuningan Police in combating such crimes. The research employs a juridical-empirical method, using both the statute approach and the case approach to examine relevant legal norms and their practical implementation. The findings show that the regulation of online gambling is stipulated in the Indonesian Criminal Code (KUHP). The Kuningan Police’s efforts to address online gambling include conducting community outreach programs, cooperating with local village officials, and performing routine patrols. However, the study also identifies several obstacles that hinder effective law enforcement, such as limited public awareness, difficulties in tracing online offenders, and insufficient coordination among law enforcement institutions. Consequently, the role of the police in handling online gambling cases remains less effective, highlighting the need for stronger inter-agency cooperation and enhanced technological capacity to counter this evolving form of cybercrime.]]>
<![CDATA[Problematika Perizinan Penyadapan Oleh KPK Pasca Revisi Undang-Undang Nomor 19 Tahun 2019 ]]>
<![CDATA[Rachman, Andi Nur]]>;
<![CDATA[Syarif, Mujar Ibnu]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v6i1.22068
<![CDATA[The revision process of the Corruption Eradication Commission (KPK) Law resulted in structural changes with the formation of the KPK Supervisory Board. This change impacts the work procedures of KPK investigators, especially in conducting wiretapping of corruption suspects. This article analyzes the problematic issues of wiretapping permits by the KPK after the revision of Law Number 19 of 2019, which introduced a multi-layered bureaucracy. This study uses a normative legal method with statutory regulations. The results of the study indicate that the revision of the law requires the KPK to obtain permission from the Supervisory Board before conducting wiretapping, which has the potential to hinder the effectiveness and speed of investigations. However, after a judicial review was conducted at the Constitutional Court, it was decided that wiretapping could be carried out without permission from the Supervisory Board but must still be notified within a specific period. This decision is measured as a positive step in maintaining a balance between the effectiveness of corruption eradication and the accountability of the KPK institution.]]>
<![CDATA[Analisis Yuridis Pemberhentian Sepihak Direksi Perseroan Terbatas Berdasarkan Putusan Mahkamah Agung Nomor 1888 K/Pdt/2020 ]]>
<![CDATA[Syabrina, Erica Dwi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v6i1.32093
<![CDATA[Legal protection against unilateral termination of the direction of a Limited Liability Company (PT) through a General Meeting of Shareholders (GMS) is an important issue, as seen in the Supreme Court Decision Number 1888 K/Pdt/2020. This study analyzes legal protection as a direction terminated without clear reasons and the opportunity to defend itself. This study uses normative legal research with a case and regulatory approach. The results of the study show that the unilateral termination of the directors of PT Multi Daya Wonua was carried out verbally without a strong legal basis, so it is contrary to Law Number 40 of 2007 concerning Limited Liability Companies, especially Article 105 which stipulates that directors must be allowed to defend themselves before being dismissed. Although the court ruled that the GMS has the authority to dismiss, the decision did not consider aspects of justice and the right of direction. This can be justified as an unlawful act. Directors who are unlawfully terminated are entitled to legal protection in the form of cancellation of the GMS decision or compensation according to the remaining term of office. Therefore, fairer law enforcement and stronger protection for the direction are needed to prevent arbitrary actions in the management of PT.]]>
<![CDATA[Perlindungan Hukum Bagi Pekerja Dari Pemutusan Hubungan Kerja Sepihak Akibat Union Busting Analisis Putusan Nomor 229/Pdt.Sus-Phi/2019/Pn.Bdg dan Nomor 436 K/Pdt.Sus-PHI/2020 ]]>
<![CDATA[Izza, Amalia Sofa]]>;
<![CDATA[Sulaiman, Abdullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v6i1.32484
<![CDATA[Unilateral termination of employment due to union-busting practices is a serious problem in industrial relations in Indonesia. This study analyzes legal protection for workers against unilateral termination of employment due to union busting, referring to the Industrial Relations Court (PHI) Decision Number 229/Pdt.Sus-PHI/2019/PN.Bdg and the Supreme Court Decision Number 436 K/Pdt.Sus-PHI/2020. This study uses a normative juridical method with a case approach, a regulatory approach, and data collection techniques through literature studies. The results of the study indicate that PT. Asmo Indonesia (PT. Denso Manufacturing) is predicted to have carried out union-busting practices by unilaterally terminating the employment of the union chairman without going through the bipartite and tripartite mechanisms by the provisions of the regulations. Although there are indications of violations of the right to associate as regulated in Law Number 21 of 2000, the courts at the PHI and cassation levels do not explicitly summarize the practice of union busting in their legal considerations. Unilateral termination of employment of active workers in trade unions can be charged as an unlawful act. Therefore, it is necessary to strengthen legal protection for workers to prevent discriminatory and repressive actions by employers against freedom of association. In addition, judges in industrial relations cases need to consider more comprehensively the aspects of Human Rights and the principle of justice in every decision related to employment.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemilik Kondominium Atas Pailitnya PT. Dwimas Andalan Bali Sebagai Pengembang ]]>
<![CDATA[Mulyawan, Kiasnabila]]>;
<![CDATA[Hasani, Ismail]]>;
<![CDATA[Alam, Faris Satria]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v6i1.33232
<![CDATA[The bankruptcy of a developer company often directly impacts condominium owners who have made a sale and purchase transaction, in the case of the bankruptcy of PT. Dwimas Andalan Bali condominium owners experience legal protection because the units that have been purchased are included in the bankruptcy estate. This study analyzes the developer's responsibility towards consumers in bankruptcy conditions and the legal status of condominium objects that are part of the bankrupt assets. The method used is normative legal research with a case approach focusing on the Supreme Court Decision Number 437 K / Pdt. Sus-Pailit / 2019. The study results show that in bankruptcy conditions, developers still have legal obligations to consumers who have fulfilled their achievements in the sale and purchase transaction. Based on Article 36 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, consumers have the right to submit a request to the curator to ensure the process of extending condominium ownership rights to the Deed of Sale and Purchase (AJB) stage. Consumers are entitled to compensation or damages if these obligations are not met. In the case of developer bankruptcy, consumer rights must still be protected through available legal mechanisms, either through an application to the curator or other legal efforts. Therefore, it is necessary to strengthen legal protection for consumers so that they are not harmed in bankruptcy-related property transactions.]]>
