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Dr. Hamzah, S.H,. M.H
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Gedung B, Fakultas Hukum, Universitas Lampung, Jln. Prof. Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, Indonesia 35145
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INDONESIA
Indonesia Private Law Review
Published by Universitas Lampung
ISSN : 2723259X     EISSN : 27459284     DOI : 10.25041/iplr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law Review, law development must integrate and synergize with other sectors of development. SCOPE The Indonesian Private Law Review scope discusses matters regarding the legal grounds, implementation, and law and development of the private law field. The journal encourages contributions on fields that have correlation or interests to the following discussions: Agreement International trade Islamic law Family law Adat law Business and economy law Intellectual Property Rights Civil Code of Indonesia or burgerlijk wetboek Commercial Code of Indonesia or Wetboek van Koopenhandel voor Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 6 No. 2 (2025)" : 6 Documents clear
JUDICIAL PRACTICES IN ENFORCING POST-DIVORCE MAINTENANCE RIGHTS FOR WOMEN AND CHILDREN IN INDONESIA Fahmi, Ahsanul; Nasir, Muhammad; Anshari, Nur; Aminah, Aminah; Nurunnabi, Mohammad
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4608

Abstract

Although CEDAW, the CRC, Indonesian law, and Supreme Court regulations provide a normative basis for protecting women’s and children’s rights after divorce, implementation in practice remains challenging. This paper examines how Religious Courts ensure the fulfillment of these rights, offering the first systematic analysis of post-divorce alimony enforcement as an expression of the courts’ regelende functie. Using a normative method with statutory and conceptual approaches, the study shows that while few divorce rulings explicitly include alimony provisions, the Supreme Court has strengthened judicial authority through several SEMA aimed at protecting vulnerable parties. These reforms are reflected in innovative practices in Surabaya, Gresik, Bengkulu, and Bontang, where institutional collaboration, salary deductions, and digital monitoring systems have improved the effectiveness and certainty of alimony enforcement.
ASSESSING THE EVIDENTIARY POWER: NOTARIZED AUTOPSY REPORTS VERSUS VISUM ET REPERTUM Marwah, Marwah; Borahima, Anwar; Yunus, Ahsan; Saphira, Alya; Kouwagam, Santy
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4536

Abstract

In cases of murder or suspicious death, an autopsy reports serve as crucial evidence in criminal adjudication. Based on Indonesian criminal procedural law, a Visum et Repertum issued by an authorized forensic doctor is legally recognized as expert evidence for determining the cause, manner, and circumstances of death. In the case examined, both the Visum et Repertum and the testimony of a general practitioner who observed the autopsy process, subsequently legalized by a notary, were submitted as evidence in criminal proceedings. This study examines the normative ambiguity between criminal procedural law and notarial law, particularly regarding the evidentiary status of a general practitioner’s testimony concerning autopsy observations that is subsequently legalized by a notary. This research uses a normative legal analysis, drawing on statutory and conceptual approaches, to analyze the framework of criminal procedural law, regulations governing medical practice, and the juridical limits of notarial authority. The findings confirm that submitting a general practitioner’s testimony on autopsy observations, even when legalized by a notary, does not create a conflict of norms. Instead, it constitutes a misapplication of evidentiary principles. A Visum et Repertum, prepared by a duly authorized forensic physician, possesses definitive evidentiary authority as it is issued within statutory mandate. By contrast, the testimony of a general practitioner, even if notarized, lacks the legal force to constitute valid evidence, as notaries are not authorized to legitimize forensic medical findings. This article clarifies that notarizing autopsy observations does not create normative conflict, but reflects a misapplication of evidentiary authority in criminal procedure.
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS Asyiqin, Istianah Zainal; Akbar, M. Fabian; Wirayudha, Dimas Putra; Abul Hisyam, Ayesha
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4545

Abstract

Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study aims to (1) clarify the juristic foundations of daman milkiyyah and (2) assess its implementation in contemporary Islamic banking products in Indonesia and Malaysia. Using a normative and comparative legal methodology, the research examines statutory and regulatory frameworks, Sharia rulings and fatwas, including those of DSN MUI and Malaysian Sharia governance bodies, classical and contemporary fiqh literature, documented banking practices, and maqasid al sharia as an evaluative lens. The findings reveal differences in regulatory architecture and product implementation between the two jurisdictions, which affect the consistency of ownership risk allocation across instruments such as murabaha, ijara, and asset based financing. These divergences indicate areas where governance standards and operational practices can be strengthened, and the study concludes that clearer ownership risk criteria aligned with maqasid al sharia are necessary to enhance transparency, ensure equitable risk distribution, and support the integrity and resilience of Islamic finance.
A CROSS-JURISDICTIONAL COMPARISON OF MSME INSOLVENCY FRAMEWORKS IN INDONESIA AND SINGAPORE Hapsari, Recca Ayu; Wijayanta , Tata; Nurhayati, Irna; Mladenov, Stanislav Vladimirov
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4564

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are central to Indonesia’s economy but remain highly vulnerable during financial crises, partly due to the absence of a dedicated insolvency regime under Law No. 37 of 2004. This study identifies structural gaps in Indonesia’s bankruptcy framework, particularly its misalignment with MSME characteristics under Law No. 20 of 2008, including unclear legal subject status and weak asset separation that expose owners’ personal assets to bankruptcy risks. Using a socio-legal approach that combines statutory analysis, court decisions, interviews with MSME stakeholders, and bankruptcy data from Indonesia and Singapore, the study finds that Indonesian MSMEs face slow procedures, high costs, limited institutional support, and low awareness of insolvency remedies, leading to underutilization of existing mechanisms. In contrast, Singapore’s simplified insolvency framework demonstrates how tailored, low-cost procedures can support MSME recovery and sustainability. The study argues for reforming Indonesia’s bankruptcy law to improve accessibility, efficiency, and legal certainty for MSMEs, thereby strengthening entrepreneurship and long-term economic stability.
CONFLICT RESOLUTION PATTERNS IN INDIGENOUS COMMUNITIES OF INDONESIA: A COMPREHENSIVE STUDY OF THE CUSTOMARY LAWS OF BADUY, KAJANG, AND ANAK DALAM IN JAMBI Yulia, Rena; Huda, Chairul; Romdoni, Muhamad; Cholidin, Achmad; Nunna, Bhanu Prakash
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4671

Abstract

This study examines the conflict resolution practices of Baduy, Kajang, and Suku Anak Dalam (SAD) Jambi communities, all of whom continue to apply customary law to address violations within their territories. Using a combination of normative and empirical methods with snowball data collection, the research identifies the traditional mechanisms through which these communities maintain social order. Baduy resolve disputes through Silih Hampura, carried out via the Ngabokoran process and guided by Pikukuh, an unwritten code defining customary violations and their resolutions. Kajang apply Pasang Ri Kajang, an oral system that uses oaths, crowbar-burning, or incense-burning rituals in conflict settlement. The SAD Jambi follow a customary framework consisting of four primary and four secondary principles and dua belas categories of violations. Conflict resolution in Kajang and SAD communities typically involves customary fines, while the Baduy impose banishment rather than imprisonment. Across the three groups, the central aim of customary dispute resolution is the restoration of cosmic religious balance, benefiting not only the parties involved but the community and the wider natural order.
Dari Kertas ke Digital: Cetak Biru Rwanda dan Redefinisi Keaslian Akta Notaris dalam Kerangka Hukum Digital di Indonesia Siswanto, Carissa Amanda; Adiyatma, Septhian Eka; Nnawulezi, Uche; Kabano, Jacques
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4686

Abstract

This study examines the legal recognition of electronic notarial acts in Indonesia and the regulatory inconsistencies among the Notary Law, the Electronic Information and Transactions (ITE) Law, and the Indonesian Civil Code. These inconsistencies prevent notaries from issuing authentic electronic deeds, weaken the evidentiary value of digital documents, and create legal uncertainty in electronic transactions. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Indonesia’s framework and compares it with Rwanda’s system, which expressly recognizes electronic notarial acts under Law No. 031/2016 through an integrated digital identity platform. The findings show that the physical presence requirement in the Notary Law and the exclusion of notarial deeds from electronic documents under the ITE Law are the main obstacles to electronic authentic deeds in Indonesia. The novelty of this research lies in its use of Rwanda’s regulatory model as a normative and comparative foundation for reconstructing Indonesia’s Cyber Notary framework. This study proposes revising the Notary Law and establishing a unified national digital notarial platform to strengthen the authenticity, integrity, and legal certainty of electronic deeds within Indonesia’s evolving digital legal landscape.

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