cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Fitrah Marinda
Contact Email
jurnal.legislatif@gmail.com
Phone
+6281256860522
Journal Mail Official
jurnal.legislatif@gmail.com
Editorial Address
https://journal.unhas.ac.id/index.php/jhl/about/editorialTeam
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Legislatif
Published by Universitas Hasanuddin
ISSN : 26543982     EISSN : 27228797     DOI : https://journal.unhas.ac.id/index.php/jhl/index
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tujuan junal ini adalah untuk menyediakan tempat bagi mahasiswa hukum seluruh indonesia untuk menerbitkan artikel yang dibuat original (asli) bukan saduran maupun terjemahan. Ruang Lingkup artikel yang diterbitkan dalam jurnal ini membahas terkait Isu Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "volume 9 nomor 2 2026" : 5 Documents clear
Peran Undang-Undang Perlindungan Konsumen Terhadap Jasa Kurir dalam Hal Pengantaran Barang yang Cacat Besse Sari Angraeni; Satriani
Legislatif VOLUME 9 NOMOR 2 2026
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v9i2.47900

Abstract

Abstract The Role of Consumer Protection Law in Courier Services for the Delivery of Defective Goods. This study examines the role of consumer protection law in relation to courier services involved in the delivery of defective goods. It employs a normative juridical approach, relying on legal norms as stipulated in statutory regulations, with a primary focus on the legislative framework. The findings indicate that legal protection for couriers is not regulated within a single, specific statute, but is instead dispersed across several legal instruments, including the Indonesian Civil Code, Law Number 38 of 2009 on Postal Services, and Law Number 8 of 1999 on Consumer Protection. From a juridical perspective, couriers are positioned as third parties or authorized agents whose role is limited to delivering goods and, in certain cases, receiving payment. Consequently, they are not held responsible for defects in goods, as such liability rests with the seller as the primary business actor. Legal protection for couriers is reflected through limitations on their responsibilities and the allocation of liability to the appropriate parties. Compensation for defective goods generally falls under the responsibility of the seller and may take the form of refunds, product replacements, or other forms of compensation in accordance with applicable laws and mutual agreement. However, in practice, discrepancies persist, as couriers are often the parties who face complaints from consumers.
Dekonstruksi Dekonstruksi Teori Receptie dalam Praktik Adat Badamai pada Masyarakat Banjar Kontemporer: Adat Badamai; Teori Receptie; Dekonstruksi; Masyarakat Banjar; Keadilan Restoratif. M. Abrar Dahlan; Ahmadi Hasan; Gusti Muzainah
Legislatif VOLUME 9 NOMOR 2 2026
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v9i2.50190

Abstract

Abstract The research in this article aims to analyze the integration of Islamic law and customary law in the practice of adat badamai among contemporary Banjar society as an effort to deconstruct the colonial Receptie Theory. Using a normative-empirical legal research method with a legal history approach, this study examines how Islamic values such as ishlah and diyat organically merge within the structure of local tradition. The findings reveal that the separation between adat and religion in Banjar Land represents a colonial epistemological failure, as for the Banjar people, Islam is the substance (soul) while adat is the vessel (body). The main findings reveal that the bapapatutan mechanism within adat badamai proves effective as a restorative justice instrument that transcends the logic of formal law. Through bapapatutan, the determination of compensation is flexible, based on the principles of propriety and willingness, in order to restore social harmony and pursue barakat (blessings). Juridically, this practice represents the living law, which gains strong legitimacy through Articles 2 and 597 of Law No. 1 of 2023 (the New Criminal Code). This recognition provides binding force for the fulfillment of customary obligations within the national criminal justice system. This study concludes that strengthening the synergy between customary institutions and law enforcement authorities is crucial for maintaining sociological order based on local wisdom. This transformation directs the national legal system toward a more humane direction by adopting dispute resolution mechanisms that are not merely retributive, but also heal social wounds through divine and humanitarian values.
REKONSTRUKSI MEKANISME PEMANTAUAN DAN PENINJAUAN UNDANG-UNDANG DI INDONESIA: ANALISIS PROLEGNAS 2019-2024 Muhammad Safaat Gunawan; Nurul Mujahidah
Legislatif VOLUME 9 NOMOR 2 2026
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v9i2.51002

Abstract

Abstract Monitoring and review of legislation is an integral part of the legislative cycle, aiming to ensurethe effectiveness, consistency, and responsiveness of regulations to societal dynamics. Thestrengthening of this function has been normatively emphasized in the amendment to LawNumber 12 of 2011 through Law Number 13 of 2022 concerning the Formation of Legislation, which requires legislative and executive institutions to conduct evaluations of laws. However, in practice, the mechanism for monitoring and reviewing legislation in Indonesia still faces various problems, particularly in the context of implementing the 2019–2024 National Legislation Program (Prolegnas). This study aims to analyze the normative design of the mechanism for monitoring and reviewing legislation, identify gaps between norms and empirical practice, and formulate a more effective reconstruction model for the mechanism. This study uses normative legal methods with a legislative and conceptual approach, and is analyzed qualitatively. The results show that although the normative framework has accommodated the function of legislative evaluation, its implementation remains administrative in nature, not integrated into the legislative cycle, and not evidence-based. Furthermore, monitoring of laws resulting from the 2019–2024 National Legislation Program (Prolegnas) has not been conducted systematically, which has resulted in repeated regulatory changes without comprehensive evaluation. Therefore, a reconstruction of the legislative monitoring and review mechanism is needed through an integrated, participatory, and data-driven post legislative scrutiny approach to strengthen the quality of the national legislative system.
TANGGUNG JAWAB NEGARA ATAS PEMULIHAN HAK PEREMPUAN DALAM PERIZINAN SAWIT DI INDONESIA: PERSPEKTIF CEDAW Rastiawaty Rastiawaty; Birkah Latif; Ismail Alrip; Kadarudin
Legislatif VOLUME 9 NOMOR 2 2026
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v9i2.51230

Abstract

Abstract Oil palm licensing in Indonesia is not only related to business legality, but also concerns the protection of women’s human rights, environmental justice, and state responsibility in natural resource governance. Oil palm expansion affects women’s access to land, water, food, health, livelihoods, participation, information, and justice, while the licensing and certification regimes remain largely oriented toward administrative compliance and business sustainability. This article aims to formulate CEDAW-based state responsibility for ensuring women’s right to an effective remedy in response to integrity problems in Indonesia’s oil palm licensing system. This research uses normative legal research with conceptual and comparative approaches. The analysis shows that Indonesian positive law has provided constitutional, human rights, environmental, plantation, business licensing, and sustainable palm oil certification frameworks, but it has not explicitly regulated gender-responsive standards for restoring women’s rights. This weakness is reflected in the absence of gender-responsive human rights due diligence obligations, the lack of integrated indicators for women’s rights restoration in licensing and certification, and fragmented institutional coordination. The novelty of this article lies in the model of state responsibility based on CEDAW due diligence through the concept of gender environmental justice and a limited comparison with Malaysia. The study concludes that the state has an active obligation to prevent, protect, fulfill, and restore women’s rights in oil palm licensing. Oil palm licensing should be directed toward a CEDAW based gender responsive due diligence model so that women’s right to an effective remedy becomes an integral part of oil palm governance in Indonesia.
Peran Partai Politik dalam Pendidikan Politik: Perspektif Siyasah Syar'iyyah dan Comprehensive Political Education La Ode Muhammad ZIkril Hafiz; Mulawarman Pahlevi; Asmaul
Legislatif VOLUME 9 NOMOR 2 2026
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v9i2.52478

Abstract

This study stems from the problem of the low effectiveness of political education conducted by political parties in Indonesia, even though its implementation already has a juridical basis in various laws and regulations. Political education, which should serve to enhance citizens’ political awareness and participation, is often carried out merely to fulfill administrative obligations and as a tool for image-building, so that it produces no substantive impact on improving citizens’ political literacy. This research employs a normative method with statutory, conceptual, and comparative approaches. Primary data are drawn from regulations governing political parties’ political-education functions, while secondary data consist of academic literature in the form of books and journal articles. The analysis is conducted by examining the effectiveness of regulatory implementation, comparing it with political-education practices in other countries, and formulating strengthening strategies grounded in the values of siyasah syar’iyyah. The findings show that Indonesia’s legal framework for political education still prioritizes administrative compliance over the quality and sustainability of the educational process itself. Therefore, this article proposes the concept of Comprehensive Political Education (CPE), integrating the theories of Political Socialization and Civic Education to cultivate citizens who are aware, critical, and participatory. The principles of justice (al-‘adl) and public welfare (maslahah) are positioned as normative foundations for designing substantive political-education policies oriented toward the public good. Through the implementation of the Annual Comprehensive Political Education Cycle (ACPEC), political education is expected to proceed continuously and free from electoral interests, thereby strengthening the quality of a participatory and civilized democracy.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue VOLUME 9 NOMOR 2 2026 VOLUME 9 NOMOR 1 2025 VOLUME 8 NOMOR 2 2025 VOLUME 8 NOMOR 1 2024 VOLUME 7 NOMOR 2 2024 VOLUME 7 NOMOR 1 2023 VOLUME 6 NOMOR 2 2023 VOLUME 6 NOMOR 1 2022 VOLUME 5 NOMOR 2 2022 VOLUME 5 NOMOR 1 2021 VOLUME 4 NOMOR 2 2021 VOLUME 4 NOMOR 1 2020 VOLUME 3 NOMOR 2 2020 VOLUME 3 NOMOR 1 2019 VOLUME 2 NOMOR 2 2019 More Issue