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Paska Marto Hasugian
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Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and Deductive Reasoning International Law Constitutional Law Law of Contract Administrative Law International Legal Environment Money Loundry Analysis of contemporary environment of business law Civil and Criminal Procedures Business Law and International Trade Alternative Dispute Resolution Real Estate Law Criminal Law Immigrant and Tourism Law The Concepts of Tort and Strict Liability Ethics and Diversity Common Law Contract Theory Leadership and Business Ethics Corporate Culture and Business Ethics Organizational Ethics Agency Law Social Responsibility and Business Ethics Employment Law Business Ethics Evaluations and Intentions Law for Business Structures Codes of Ethics and Compliance Standards Ethical Conflict Organizational Structure and Business Ethics Corporate Culture and Business Ethics The Ethical Compliance Audit Organizational Structure and Business Ethics Significant others and Ethical Behavior in Business
Arjuna Subject : Umum - Umum
Articles 235 Documents
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Regulatory Reform on Doctor Protection as an Effort to Prevent the Criminalization of Medical Actions Emirza Nur Wicaksono
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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The criminalization of medical actions is a crucial issue in the health law system that has direct implications for legal certainty for doctors and the protection of patients’ rights. This study aims to analyze the configuration of regulatory frameworks for doctor protection in Indonesia, identify legal factors that contribute to the criminalization of medical actions, assess the effectiveness of existing regulations, and formulate an ideal and proportional model of regulatory reform. This research employs a normative (doctrinal) legal research method with statutory and conceptual approaches, through analysis of laws and regulations, legal doctrines, and academic literature related to health law and medical criminal liability. The findings indicate that existing regulations have not yet provided optimal legal protection for doctors due to normative disharmony, unclear boundaries of medical malpractice, and weak integration of professional medical standards within criminal proceedings. This study proposes a regulatory reform model that emphasizes a tiered dispute resolution mechanism, strengthening the role of professional judgment, and limiting criminalization to medical errors that are clearly and demonstrably proven. These findings are expected to contribute to the development of health law theory and serve as a reference for policymakers in building a fair, proportional, and justice-oriented legal system in healthcare services.
Adoption of Children of Different Religions in the Perspective of the Civil Code Juridical Review and Social Implications in North Sumatra Fajriawati, Fajriawati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study examines the practice of adopting children of different religions from the perspective of the Civil Code with a focus on the analysis of the North Sumatra region. Through a sociological and empirical juridical approach, this study identifies the legal dynamics and social implications of the practice of adopting children of different religions in the multicultural society of North Sumatra. By analyzing data on applications for adoption of children of different religions at the District Court in North Sumatra in 2022-2024, this study shows that 73.1% of applications for adoption of children of different religions were granted with the primary consideration of the best interests of the child. The results of the study indicate a tension between the provisions of the Civil Code that do not specifically regulate adoption of different religions with developing social practices and jurisprudence, the identified social implications include challenges to family integration, adjustment of children's identity and adaptation to the community. This study recommends harmonization of adoption law that takes into account the socio-cultural diversity of North Sumatran society while still prioritizing the best interests of the child.
The Role of Customary Institutions in the Enforcement of Customary Law in the Modern Era Z Harahap, Rabiah.
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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Customary institutions constitute an essential component of Indonesia’s plural legal system, serving as traditional mechanisms for regulating social order and enforcing customary law within indigenous communities. However, the era of modernization and globalization has posed significant challenges to the sustainability and effectiveness of these institutions, particularly due to the dominance of positive law, socio-cultural transformation, and weakening regulatory support. This study aims to analyze the role of customary institutions in enforcing customary law in the modern era, identify factors affecting their effectiveness, and formulate strategies to strengthen their existence within the national legal system. The research employs a normative juridical method with a qualitative approach, utilizing literature review and secondary legal materials as the primary sources of data. The findings reveal that customary institutions continue to play a vital role in resolving disputes, preserving local wisdom, and maintaining social harmony in customary law communities. Nevertheless, their effectiveness has diminished as a result of modernization, urbanization, declining community compliance, and limited legal recognition. The study concludes that strengthening customary institutions requires institutional reinforcement, clearer regulatory frameworks, and synergistic integration between customary law and positive law. Such measures are necessary to ensure the realization of a balanced and just legal pluralism that acknowledges indigenous values while aligning with national legal development.
Protection of the Rights of Sharia Insurance Customers According to Islamic Economic Law Tolhah Toha Nawawi
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study aims to analyze the protection of Sharia insurance customers' rights from an Islamic economic law perspective. Sharia insurance offers an alternative risk protection system based on the principles of mutual assistance (ta'awun), mutual protection (takaful), justice, trustworthiness, and freedom from riba, gharar, and maisir. However, in practice, various problems remain related to the implementation of Sharia principles, particularly in terms of transparency, fulfillment of customer rights, and dispute resolution mechanisms. The research method used is normative legal research with a juridical and conceptual approach. Data were obtained through a literature review of primary, secondary, and tertiary legal sources, including the Quran, Hadith, fatwas from the National Sharia Council (DSN-MUI), laws and regulations, and relevant scientific literature. The data were analyzed descriptively and qualitatively to understand the alignment between Sharia insurance practices and Islamic legal provisions. The results indicate that the protection of customer rights in Sharia insurance has a strong legal basis, both normatively and juridically. This protection includes the right to clear information, trustworthy fund management, fair treatment, fulfillment of benefits according to the contract, and access to equitable dispute resolution. However, optimizing protection still requires increased oversight, transparency, and customer education. With the consistent application of Islamic economic law principles, it is hoped that the Islamic insurance system will be able to provide fair, transparent, and sustainable legal protection for customers.
A Legal Analysis of Judges' Legal Considerations in State Administrative Disputes Relating to the Cancellation of Building use Rights Certificates Riska Ayu Khusnul Laila; Siti Marwiyah; Sri Sukmana Damayanti
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Overlapping land rights disputes between historical evidence claims and modern administrative registration trigger complex legal uncertainty in Indonesia. This study aims to analyze the implementation of the rechtmatigheid principle by the Supreme Court in Decision Number 281 K/TUN/2023 regarding the cancellation of Building Use Rights Certificates based on Article 30 paragraph (1) letter c of PP No. 24 of 1997, as well as to dissect the judge's considerations in rejecting the Judicial Review in Decision Number 124 PK/TUN/2024. The research method used is normative legal research with a statute approach and a case approach. The results of the study indicate that the Supreme Court prioritizes the value of procedural legal certainty (Rechtssicherheit) over the material claims of individuals who neglect to use the 90-day deadline for filing a lawsuit after a deadlocked mediation, in line with the doctrine of vigilantibus non dormientibus iura subveniunt. The definitive rejection of the application for Judicial Review is based on the failure to fulfill the criteria of decisive novum (new, decisive evidence) as regulated in a restrictive manner in SEMA Number 2 of 2019. The conclusion of the study confirms that the validity of certificates in the land administration system is highly dependent on the integration between compliance with official procedures and the vigilance of legal subjects in defending their rights.
Juridical Analysis of Judicial Considerations in the Dispute Over Government-Owned Land in Surabaya Regarding Former Eigendom Verponding Land (Case Study of the Supreme Court's Revision Decision Number 1146 PK/Pdt/2025) Ipung Salvota Mauludin; Wahyu Prawesthi; Yustino Aribawa
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Land disputes between colonial-era property claims and regional government asset inventories often trigger complex legal uncertainties in Indonesia. This study aims to analyze the consistency of the Supreme Court's legal considerations in Revision Decision Number 1146 PK/Pdt/2025 with national agrarian law principles and examine whether the decision violates the principle of verhandlungsmaxime (passive judge role) in protecting the assets of the Surabaya City Government. The research methodology employed is normative legal research with a statute approach, conceptual approach, and case approach. The findings indicate that the considerations in the Revision Decision are in full compliance with Law Number 5 of 1960 (UUPA) and Presidential Decree Number 32 of 1979, where land previously under Eigendom Verponding that was not converted by September 24, 1980, automatically became state land. As a result, the transfer of rights in 2006 to an individual was legally flawed based on the nemo plus iuris doctrine. Furthermore, the study concludes that the decision does not conflict with the verhandlungsmaxime principle, as the legal correction made by the judge reflects the principle of ius curia novit and the judicial obligation to protect regional assets for public interest. The research concludes that state sovereignty over remaining converted Western land rights is a key instrument in ensuring legal certainty in the management of regional assets.
Restorative Justice as an Effort to Reduce Recidivism in Child Offenders of Theft Khomaini, Khomaini
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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The number of children in conflict with the law in Indonesia continues to increase, with theft being the most dominant type of crime. Data from the National Legal Development Agency (BPHN) in the 2020-2022 period shows 838 cases of theft committed by children out of a total of 2,302 cases of children facing the law. Meanwhile, the punitive approach through imprisonment has not been effective in reducing recidivism rates among child offenders. This study aims to analyze the application of restorative justice as an effort to reduce recidivism in child theft offenders and identify the obstacles faced in its implementation. The research method used is normative legal research with statutory, conceptual, and case approaches. The results show that restorative justice through diversion as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System has a strong legal basis but its implementation still faces various obstacles. Based on data from the Directorate General of Corrections, out of 29,228 children handled by police in the 2017-2020 period, only 14.1% of cases were closed through diversion. The obstacles include the limited understanding of law enforcement officers regarding restorative justice, the retributive mindset that still dominates society, and the lack of supporting infrastructure. Optimization strategies can be implemented through strengthening diversion mechanisms, enhancing the capacity of law enforcement officers, and transforming the legal culture towards a rehabilitative approach. The enactment of the National Criminal Code (Law Number 1 of 2023) effective January 2, 2026, and Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice further strengthen the legal basis for the application of restorative justice for child offenders.
The Position of Agreements Made by Minors in Game Top-Up Transactions as Reviewed by Law Number 1 of 2024 Concerning Electronic Information and Transactions Aswandi Humonggio; Nirwan Junus; Nurul Fazri Elfikri
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study analyzes the position of agreements made by minors in game top-up transactions, as reviewed by Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law) and the Civil Code (KUHPerdata), amidst the rise of digital transactions involving legally incompetent parties, such as the UniPin case worth IDR 800,000. The problem formulation focuses on the formal validity of electronic contracts based on Article 18 paragraph (1) of the ITE Law versus the substantive requirements of legal competence (Article 1320 in conjunction with Article 330 of the Civil Code), with the aim of examining the implications of the vernietigbaar agreement. This research is normative juridical in nature, using a legislative and conceptual approach, with primary data sources in the form of the ITE Law, the Civil Code, and the Child Protection Law No. 35 of 2014; secondary data includes civil law literature, journals, and platform documents. Data collection was conducted through a literature study of the BPHN and JDIH databases, analyzed qualitatively and descriptively using the legal weight method to assess the hierarchy of norms. The results of the study show that digital agreements by minors are formally valid but subjectively flawed, so they can be canceled by guardians through the courts for restitutio in integrum. The conclusion recommends age verification and parental consent regulations on PSEs to synchronize cyber-civil law.
The Role of Legal Institutions in Providing Information and Education About Restitution to Victims Try Noldriyanto Rauf; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study analyzes the role of legal institutions such as the police, prosecutors, judges, and LPSK in providing information and education about restitution to victims of crime in Indonesia, with a focus on cases of sexual violence against children. Using a descriptive-analytical legal normative research method through a statute approach, conceptual approach, and case approach, this study examines key regulations such as Law No. 31 of 2014 in conjunction with Law No. 13 of 2006, PERMA No. 1 of 2022, PP No. 43 of 2017, and related jurisprudence. The results show that although legal institutions have an integral obligation from the investigation to the execution to convey restitution rights (material and immaterial), the implementation is still not proactive, there is a disconnect between institutions, and there is a lack of ongoing education, so that the effectiveness of restitution as restorative justice is not yet optimal. Recommendations include strengthening law enforcement agency training, mass socialization, and integrating procedures to ensure comprehensive victim recovery.
Implementation of the Role of Public Prosecutors as Dominus Litis in General Criminal Cases According to the Provisions of Law Number 20 of 2025 Concerning the Criminal Procedure Code Muhammad Rizki Mahyuzar; Faisal Riza
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study aims to examine the implementation of the Public Prosecutor's role as dominus litis in the handling of general criminal cases under the provisions of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP). The dominus litis concept positions the Public Prosecutor not merely as a party who prosecutes cases in court but as the central controller of the entire criminal justice process, spanning from the investigation, inquiry, prosecution, trial, to the execution of court decisions. This research employs a normative-analytical approach, reviewing statutory regulations, legal doctrines, and criminal law theories, including the crime control and due process models, principles of the rule of law, mechanisms of checks and balances, and human rights protection. The study finds that KUHAP 2025 reinforces the Public Prosecutor's position as the central authority responsible for the continuity and consistency of all procedural stages. The implementation of dominus litis effectively balances the need for efficient law enforcement with the protection of the rights of suspects and defendants, thus ensuring a criminal justice system that is accountable, integrated, and just.

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