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Dr. Mahfud Fahrazi, SHI., MH
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INDONESIA
UNISKA LAW REVIEW
Published by Universitas Islam Kadiri
ISSN : 27745260     EISSN : 27745252     DOI : 10.32503.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Kami tertarik pada topik yang terkait dengan masalah hukum di Indonesia ataupun hukum Internasional. Adapun kajian hukum yang kami sarankan seperti : Hukum Perdata Hukum Pidana Hukum Acara Perdata Hukum Acara Pidana Hukum Bisnis Hukum Konstitusi Hukum Tata Negara Hukum Administrasi Negara Hukum Adat Hukum Islam Hukum Agraria Hukum Lingkungan Hukum Internasional Hukum Perburuhan Hukum dan Hak Asasi Manusia.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 69 Documents
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Police Professional Ethics in Law Enforcement in Indonesia Chaniago, Dinda ayu Arini; Lubis, Fauziah; Siregar, Fitria Mukhtar
UNISKA LAW REVIEW Vol 6 No 1 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i1.8200

Abstract

This study investigates the significance of professional ethics in fostering professionalism, integrity, and credibility within the Indonesian National Police as a law enforcement institution. The research highlights the persistent issues of ethical misconduct and abuse of power, which have contributed to the decline of public trust toward the police. The study is grounded in the urgency to strengthen the enforcement of the professional code of ethics as a means to develop an integrity-based, human-oriented police institution that gains public confidence. Using a normative legal approach, this research analyzes various legal frameworks, academic literature, and secondary data related to the implementation of professional ethics within the police force. The findings indicate that professional ethics play a vital role in aligning police conduct with the values ​​of justice, accountability, and humanity. Both internal factors, such as leadership and organizational culture, and external influences, including public oversight and media involvement, significantly affect the effectiveness of ethical enforcement. Furthermore, consistent moral development, ethical education, and fair disciplinary measures have been shown to enhance public trust in the police. In ethics conclusion, reinforcing professionals is essential for establishing a competent and integrity driven police institution. Sustained leadership commitment, proportional sanctions, and transparency to public scrutiny are key to ensuring accountability and fairness in Indonesia's law.
The Authority of The Regional Supervisory Council for Notaries in Enforcing The Notarial Code of Ethics Myaskur, Myaskur; Wahyudiono, Tri
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8213

Abstract

This study aims to analyze and formulate the ideal model of authority of the Regional Supervisory Council of Notaries in enforcing the Notary Code of Ethics to ensure that the supervision of the notarial profession operates effectively, independently, expeditiously, and accountably. This legal research adopts a statute approach, a conceptual approach, and a comparative approach. The findings reveal that the authority of the Regional Supervisory Council of Notaries is administrative in nature and limited to overseeing the exercise of public office, whereas the enforcement of the Code of Ethics falls under the jurisdiction of the Notary Honorary Council as a professional organizational body. The ambiguity in delineating these authorities has led to overlaps and inefficiencies in the process of enforcing professional discipline. Consequently, this study proposes an integrated supervisory authority model that affirms the synergy between the Regional Supervisory Council and the Notary Honorary Council through a coordinated mechanism without overlapping functions or powers. The novelty of this research lies in the formulation of an integrated supervision concept grounded in the general principles of good governance, combining elements of positive law, professional ethics, and public accountability as the normative foundation for upholding notarial ethics within the framework of a democratic and religious rule of law state.
The Existence of The Principle of Balance and The Principle of Freedom of Contract in Fiduciary Agreements After The Decision of The Constitutional Court Hariyana, Trinas Dewi
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8516

Abstract

The fiduciary gives the creditor the right to parate execution of the debtor's fiduciary object without waiting for a court decision as stipulated in Article 29 paragraphs (1) and (2) of the Fiduciary Law. The Constitutional Court Decision Number 18/PUU-XVII/2019 in its decision states that there are 2 conditions that must be met by creditors to carry out parate executions, namely the debtor must admit that he is in default, and the debtor must voluntarily surrender the object that is a fiduciary object. Then how about the existence of the principle of freedom of contract and the principle of balance in a fiduciary agreement after the Constitutional Court's decision Number 18/PUU-XVII/2019. This research uses a normative juridical method with a statute approach and conceptual approach. The decision of the constitutional court in limited the rights of creditors. The clause on default and parate execution is certainly considered Contrary to the decision of the constitutional court and results in the position of the creditor being unbalanced because the debtor becomes the dominant position because the creditor can only execute parate execution if it fulfills 2 conditions.
Juridical Protection for Internship Participants Who Fail to Obtain Their Legal Rights Khyatudin, Khyatudin; Haq, Rifqi Arroiqul Haq Arroiqul
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8510

Abstract

The apprenticeship program is a form of job training prepared for students or prospective workers in preparation for entering the world of work. Some of the rights of apprentices are not the same and must be distinguished from permanent workers in a company, this needs to be done to avoid exploitation and arbitrariness against apprentices. The purpose of this study is to analyze what types of legal protection can be obtained for apprentices when their rights cannot be fulfilled by the company, as well as to analyze the legal consequences that must be accounted for by companies that have been caught violating the rights of apprentices. In completing this research the author used normative research methods. The results of the research show that the regulations governing the rights of apprentices have been very clearly regulated in the applicable laws in Indonesia, namely in Law No. 13 of 2003 concerning Manpower and Minister of Manpower Regulation No. 6 of 2020 concerning the Implementation of Domestic Apprenticeship. However, in reality in the field, many apprentices and companies do not clearly understand and apply these regulations, which is what causes many cases of exploitation and arbitrariness against apprentices. One of the cases that is the source of the author's research is in Decision Number: 111/Pdt.Sus-PHI/2019/PN.JKT.PST. In addition to the rights of apprentices, the results of the study also show that companies must bear the legal and social impacts when they are found to be unable to fulfill and violate the rights of apprentices. The legal and social impacts include sanctions under applicable laws, cancellation of the apprenticeship agreement letter, threat to the company's reputation and prohibition to participate in apprenticeship programs held by the government.
Equalizing The Legislative Functions of The Regional Representative Council And The House of Representatives Toward An Accountable Pure Bicameral System Myaskur, Myaskur
UNISKA LAW REVIEW Vol 7 No 1 (2026): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v7i1.8766

Abstract

This study aims to examines the constitutional and institutional prospects of equalizing the legislative functions of the Regional Representative Council (DPD) and the House of Representatives (DPR) as a strategic pathway toward establishing a fully accountable strong bicameral system in Indonesia. Normatively, the existence of the DPD is intended to represent regional interests within national policymaking; however, its legislative authority remains significantly limited compared to that of the DPR. This imbalance has resulted in a weak bicameral structure, undermining the principles of checks and balances and diminishing the effectiveness of regional representation. Employing a normative juridical method combined with a comparative constitutional approach, this study analyzes the existing constitutional framework, relevant statutory regulations, and practices in selected bicameral systems. The findings reveal that the current asymmetry in legislative powers constrains the DPD’s role to a merely advisory body, thereby failing to meet the standards of strong bicameralism characterized by co-equal authority in legislation, oversight, and budgetary functions. This article argues that constitutional reform potentially through a Fifth Amendment to the 1945 Constitution is necessary to recalibrate the distribution of powers between the two chambers. Strengthening the DPD’s legislative capacity would not only enhance institutional accountability but also ensure more substantive regional participation in national governance. Ultimately, the equalization of legislative functions is essential for realizing a balanced, effective, and accountable bicameral system that aligns with democratic principles and Indonesia’s pluralistic structure.
Recognition of Customary Law in The Perspective of Indonesian Criminal Law Kadir, Syukron Abdul; Chrisjanto, Edy; Suyikati, Suyikati
UNISKA LAW REVIEW Vol 7 No 1 (2026): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v7i1.8678

Abstract

This study examines the recognition of customary law in the perspective of Indonesian criminal law as a response to the pluralistic character of society and the dynamics of National Legal Reform. Since colonial times, customary law has been understood as living law, that is, norms that are alive and have social binding power even though they are not codified. In recent developments, the recognition of the law that lives in society gained legitimacy in the new criminal code, but still caused tension with the principle of legality through the principle of nullum crimen sine lege. The research method used is normative legal research with legislation and conceptual approach. As a result of the discussion, the existence of customary law in Indonesian criminal law offers restorative potential and socio-cultural values that enrich the criminal system, especially through the rapprochement of perpetrators, victims, and the community. However, unwritten customary norms pose challenges to legal certainty, principles of legality, and Human Rights. The integration of customary law into the new penal code allowed for a restorative approach that was responsive to local needs, particularly minor crimes. In order to remain in line with the principles of the modern rule of law, integration must be carried out in a measurable manner through clear regulation, institutional supervision, normative harmonization, and multidisciplinary involvement, thus preventing inconsistency, discrimination, or legal irregularities. Keywords: customary law, principle of legality, Restorative Justice..
Ambiguity of Interpretation in The Criminal Act of Contempt of State Institutions in The Potential Criminal Acts of Abuse of Power Wahyuono, Firman Tri; Munawar, Said; Luhukay, Roni Sulistyanto
UNISKA LAW REVIEW Vol 7 No 1 (2026): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v7i1.8677

Abstract

This study examines the ambiguity of interpretation in the criminal act of contempt of state institutions in the context of potential criminal acts of abuse of power. The method used is legal research. The results show that democracy requires the guarantee of freedom of expression as a basis for public participation and a mechanism for controlling power. In this context, the criminal act of insulting state institutions becomes problematic when formulated in a multi-interpretive manner and does not comply with the principles of legality and lex certa. The ambiguity of the element of "insult" opens up wide discretion for law enforcement officials and has the potential to lead to selective law enforcement. Philosophically, state institutions as public entities cannot be equated with individuals in terms of protecting moral honor, because these institutions are formed to carry out public functions that must be open to criticism. In the new Criminal Code, the criminal threat of insulting state institutions is posed between the goal of protecting the institution and the potential for repression. The state does have an interest in maintaining the authority and function of its institutions, but disproportionate penalties risk exceeding the limits of a last resort. If applied broadly and elastically, this provision can have a chilling effect, limit the space for criticism, and open up opportunities for abuse of power.
Juvenile Sentencing Policy in Cases of Unauthorized Possession of Sharp Weapons: A Study of North Jakarta District Court Judgment 2024–2025 Ivanly, Ivanly; Tunjung Sekartaji, Raden Rara Hapsari
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.9048

Abstract

This research is motivated by the complexity of handling cases of unauthorized possession of sharp weapons by juveniles in conflict with the law. The normative conflict between the repressive Emergency Law No. 12 of 1951 and the restorative Juvenile Criminal Justice System Law has led to inconsistencies in court judgment and legal uncertainty. This study aims to analyze the current sentencing policy in addressing such criminal acts. The method used is normative juridical with a statutory approach and case approach (analysis of North Jakarta District Court judgment 2024–2025), as well as qualitative analysis of primary, secondary, and tertiary legal materials. The results show disparities in case rulings and weak standard guidelines for imposing sanctions: some juveniles were sentenced to social institution rehabilitation or vocational training, while others were simply returned to their parents. This disparity creates legal uncertainty for juveniles as offenders, since similar cases are treated differently without clear criteria. In conclusion, the current sentencing policy has not consistently applied the principles of restorative justice and ultimum remedium, thus harmonization of legislation and clear guidelines are needed to ensure legal protection for children.
Lex Imperfecta of Language Obligation and Conditioned Contracts Zain, Ilham Muhammad; Surya Kusuma, Febrian Indar
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8954

Abstract

This study examines the fundamental paradox within the Indonesian legal regime arising from Article 31 paragraph (1) of Law Number 24 of 2009 on the Flag, Language, State Emblem, and National Anthem which mandates the use of the Indonesian language in agreements involving Indonesian parties yet provides no sanction mechanism for its violation. This condition renders the norm a lex imperfecta, a formally existing obligation that lacks coercive force, leaving linguistic sovereignty as an aspiration without real enforcement. The research employs a normative juridical method combining statutory and conceptual approaches, analyzing primary legal materials including the Civil Code, Law Number 24 of 2009, and relevant Supreme Court instruments. This study finds that the absence of sanctions generates two concurrent pathologies: at the theoretical level a normative vacuum undermines legal system coherence, and at the practical level it produces massive judicial disparity in the treatment of foreign language contracts. The institutional response through Supreme Court Circular Letter Number 3 of 2023 which introduces the criterion of bad faith as a threshold for contract cancellation lacks textual grounding in the law itself and constitutes an informal constitutional bypass exceeding judicial authority. This study proposes a legislative reform adopting two complementary frameworks, namely the doctrine of unenforceable contracts which distinguishes between void and suspended agreements, and the concept of Linguistically Conditioned Contracts wherein foreign language agreements remain legally recognized but their enforceability is suspended until language obligations are fulfilled within a court determined deadline. This framework upholds linguistic sovereignty as a valid public norm while preserving civil law certainty as the foundation of modern economic transactions.

Page 7 of 7 | Total Record : 69

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