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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 259 Documents
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Law Enforcement on Criminal Acts of Village Fund Corruption in Padangsidimpuan City (Study of Decision Number 104/Pid.Sus-TPK/2024/PN Mdn) Sahreni Simanjuntak; Ramadhany Nasution; Winta Hayati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

This research is motivated by the rampant criminal acts of Village Fund corruption which have resulted in state financial losses, hampered development, and decreased public trust, especially in Padangsidimpuan City. This study aims to analyze the forms and modus operandi of Village Fund corruption, identify the causal factors, and examine the judge's legal considerations in Decision Number 104/Pid.Sus-TPK/2024/PN Mdn. The method used is a normative juridical approach and empirical juridical through literature studies, analysis of laws and regulations, and case studies by examining court decisions, trial facts, and witness statements. The results of the study indicate that the corrupt practice was carried out through a cut in the allocation of funds by 18% by certain officials, which resulted in a state loss of Rp427,150,000. The defendant was proven to have violated Article 3 of the Corruption Eradication Law and was sentenced to five years' imprisonment with a fine and compensation. The main contributing factors include weak supervision, low apparatus capacity, lack of transparency, and minimal public participation. The conclusion is that law enforcement needs to be strengthened firmly and comprehensively through increased oversight, apparatus capacity, and community involvement, thereby creating a deterrent effect and encouraging transparent and accountable Village Fund governance for the welfare of village communities. These findings have important implications for the development of anti-corruption policies at the village level and strengthening coordination among law enforcement officials. They can also serve as a practical reference for improving village financial management systems with integrity and sustainability in the future. Furthermore, this study emphasizes the urgency of public education and digitalization of oversight to prevent irregularities early on in a systematic and measurable manner.
Optimization of the Role and Function of the Village Head in Resolving Land Disputes (A Case Study in Tabongo Village, Dulupi District, Boalemo Regency) Hengki Abubakar; Sastro Mustapa Wantu; Nopiana Mozin
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This research aims to analyze the optimization of the role and function of the Village Head in resolving land disputes in Tabongo Village and to identify the constraints faced in the process. This study employs a qualitative method with a descriptive case study approach to gain an in-depth understanding of the land dispute phenomenon in a natural context. Data collection techniques were conducted through observation, in-depth interviews, and documentation studies involving key informants such as the Village Head, the Village Consultative Body (BPD), community leaders, and the disputing parties. The results indicate that the Village Head's role has been implemented through mediation and deliberation mechanisms, yet it is not yet optimal as it has not been able to provide strong legal certainty and sustainable resolutions. Furthermore, the main constraints identified are the weak land administration and proof of land ownership, as well as a lack of institutional coordination. In conclusion, optimizing the role of the Village Head requires strengthening capacity as a mediator while simultaneously enhancing administrative and legal functions. The implications of this research emphasize the importance of organizing land administration, improving the competence of village officials, and strengthening inter-institutional coordination to achieve effective, fair, and sustainable dispute resolution.
Khulu’ in Islamic Law: Concept, Procedure, and Its Legal Implications in the Family Law System Ade Sultan Muhammad; R. Fahmi Natigor Daulay
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Khulu’ is a form of divorce in Islamic law that grants the wife the right to terminate a marriage by providing compensation (iwadh) to the husband. This concept reflects a legal mechanism that not only emphasizes the husband’s right to divorce (talak), but also ensures fairness and protection for women within marital relationships. This study aims to analyze the concept, legal basis, procedures, and legal consequences of khulu’ in Islamic law, as well as its relevance within the Indonesian family law system. The research employs a normative method with juridical and theological approaches, using primary sources such as the Qur’an and hadith, supported by classical fiqh literature and statutory regulations. The results indicate that khulu’ has strong normative legitimacy in Islam, with procedures based on mutual agreement between spouses and, in modern contexts, involving judicial institutions to ensure legal certainty. Legally, khulu’ results in the dissolution of marriage, changes in the rights and obligations of spouses, and adjustments in family rights, including maintenance, waiting period (iddah), child custody, and inheritance. In Indonesia, the concept of khulu’ is substantively accommodated through cerai gugat in Religious Courts, reflecting a transformation from classical Islamic jurisprudence to national legal practice. This study concludes that khulu’ is an essential legal instrument in promoting justice and balance within marriage, highlighting the importance of a comprehensive understanding of its concept and application in contemporary Islamic family law.
The Principle of Justice in the Obligations of Management and Shareholders of Corporate Taxpayers for Tax Debts and Tax Collection Costs of Corporate Taxpayers Meco Sitardja
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study examines the application of the principle of justice in determining the obligations of corporate taxpayers' managers and shareholders for tax debts and tax collection costs. The main problem in this study is the expansion of responsibility from legal entities to individual legal subjects, namely managers and shareholders, in the tax collection process. This raises questions about the extent to which the principle of justice is applied in assigning such responsibilities, considering that corporate law applies the principles of separate legal entity and limited liability. This study uses a normative juridical method with a statutory and conceptual approach and secondary supporting data. The results of the study indicate that managers can be held accountable for tax debts if proven to have violated their fiduciary duties or committed negligence in managing the company. Meanwhile, shareholders are essentially not personally liable, except in certain circumstances such as abuse of legal entity through the application of the doctrine of piercing the corporate veil. The results of the study indicate that the application of the principle of justice in determining the obligations of managers and shareholders must be based on the principles of fault, proportionality, and actual involvement, so as not to result in an excessive expansion of responsibility. Thus, the principle of justice acts as a normative boundary in maintaining a balance between the state's interests in tax collection and legal protection for legal subjects in companies.
IMPLEMENTATION PRINCIPLE MUDHARABAH IN ISLAMIC BANKING IN INDONESIA Muhamad Agung Dharmajaya
Fox Justi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2020): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Implementation principle mudharabah is the main pillar operational Islamic banking in Indonesia for push growth equitable economy. Research law normative This aim For analyze mechanism implementation contract mudharabah as well as mitigation strategy formulation risk in optimize financing for results. Research results show that mechanism mudharabah has integrated to in law positive through Constitution Number 21 of 2008 concerning Islamic Banking, DSN-MUI Fatwa, and OJK regulations, which include function fundraising (funding) and fund distribution (financing). However, optimization financing mudharabah Still face challenge big in the form of height risk asymmetry information and potential moral hazard from customers manager (mudharib ). As solution, Islamic banking implements mitigation strategies modern multidimensional risk. The strategy covering strengthening aspect juridical through tightening clause contracts (restrictive covenants) and bindings guarantee financing (rahn ). In addition, mitigation optimized past integration digital technologies such as system integrated Point of Sales cashier and account separate (segregated accounts) for monitor cash flow in real, scheme staged financing, and improvement HR competency becomes assessor financing specific industry. Research This conclude that strengthening management modern risk capable secure operational product for results without sacrifice sharia compliance.
Implementation of the Decree of the Head of BPJPH No. 20 of 2023 Concerning Amendments to the Decree of the Head of BPJPH No. 57 of 2021 and LPPOM MUI Number SK 46/DIR/LPPOM MUI/XII/14 Regarding the Practice of Buying and Selling Food with Inappropriate Names (Case Study of Food Venues in Binjai City) Deva Anggraini; Muhammad Nur Iqbal
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study aims to analyze the implementation of the Decree of the Head of BPJPH Number 20 of 2023 and LPPOM MUI SK Number 46/DIR/LPPOM MUI/XII/14 regarding the practice of naming inappropriate food products in culinary Micro, Small, and Medium Enterprises (MSMEs) in Binjai City. The phenomenon of using controversial or inappropriate product names, such as “Nasi Goreng Satan,” reflects a growing trend in marketing strategies that prioritizes uniqueness and consumer attraction, yet raises concerns in terms of compliance with the halalan thayyiban principle. In particular, such naming practices pose administrative and ethical challenges in fulfilling halal certification requirements, especially in relation to decency, Islamic values, and public perception. This research employs a qualitative method with a socio-legal approach, aiming to examine not only the regulatory framework but also its implementation in real social contexts. Data were collected through in-depth interviews with business actors and Halal Product Process Assistants (PPPH), field observations of culinary MSMEs, and analysis of relevant regulatory documents. The data analysis technique utilizes SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) to identify key issues and formulate appropriate mitigation strategies for business actors. The results indicate that there is a significant gap between existing halal product naming regulations and actual branding practices in the field. This gap is primarily caused by the low level of literacy and understanding among MSME actors regarding halal regulations, as well as concerns about losing brand identity and commercial attractiveness when changing product names. Furthermore, weak socialization and limited assistance contribute to the persistence of such practices. To address these challenges, this study proposes several mitigation strategies, including strengthening halal literacy through digital platforms and social media, enhancing persuasive and continuous assistance by PPPH, and reconstructing brand identity that aligns with ethical and decency values ​​while maintaining market competitiveness. These strategies are expected to support MSMEs in achieving halal compliance without compromising their business sustainability and branding effectiveness
Analysis of the Implementation of DSN-MUI Fatwa Number 25/DSN-MUI/III/2002 Concerning Rahn (Pawn) and Financing Restructuring Solutions at Pegadaian Syariah Binjai Sasna Safitri; Muhammad Nur Iqbal
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study aims to analyze the implementation of DSN-MUI Fatwa No. 25/DSN-MUI/III/2002 concerning rahn (Islamic pawn) and to examine financing restructuring solutions at Pegadaian Syariah Binjai. Rahn is one of the rapidly growing Islamic financing products, as it offers an alternative mechanism that is free from usury and aligned with Sharia principles. However, in practice, there are still potential inconsistencies, particularly in the determination of ujrah (service fees) and the handling of problematic financing. This research employs a descriptive qualitative method with a field research approach. Data were collected through interviews with Pegadaian staff and customers, as well as through relevant documentation. The data analysis techniques include data reduction, data display, and conclusion drawing. The results indicate that the implementation of the DSN-MUI fatwa at Pegadaian Syariah Binjai is generally in accordance with Sharia principles, especially in terms of rahn contracts and the prohibition of usury. However, there are indications that the determination of ujrah is not entirely independent of the loan value. In addition, problematic financing is mainly caused by customers' economic conditions and their limited understanding of the contract. To address these issues, the institution applies financing restructuring mechanisms such as rescheduling, reconditioning, and restructuring, which are considered effective and remain compliant with Sharia principles.
Legal Criticism of the Effectiveness of Government Policies in Reducing the Rate of Early Marriage in Paleleh District, Buol Regency Nurliska Y. Hentu; Lucyane Djafaar; Nopiana Mozin
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
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Early marriage remains a widespread social phenomenon in Indonesia, including in Paleleh District, Buol Regency, despite the increase in the minimum age regulation through Law No. 16 of 2019. This study aims to conduct a comprehensive legal critique of the effectiveness of government policies in reducing early marriage rates and identify obstacles encountered in the field. The method used is a descriptive qualitative approach, where data is collected through observation, documentation studies, and in-depth interviews with informants from government elements and early marriage perpetrators, which are then analyzed using the theory of legal effectiveness. The results of the study indicate that the policy has not been substantially effective because the number of underage marriages remains fluctuating and high, triggered by the exploitation of marriage dispensation loopholes and the practice of unregistered marriages. In addition, it was found that cultural factors of "shame" (sirri), economic pressure, and lack of data synchronization between agencies are the main obstacles to the success of the regulation. This study concludes that positive law does not automatically change social behavior without the support of the community's legal culture, so that policy transformation that integrates sociological approaches and community-based education is needed. These findings are important as a basis for recommendations for local governments to develop child protection strategies that are more humane and address the roots of socio-cultural problems.
Juridical Analysis of Copyright Ownership of Images Produced by Artificial Intelligence Under Law Number 28 of 2014 on Copyright Asyrafil Mahdi; Febri Handayani; Nabil Naufal; Agustra Randa; Dany Pratama Putra; Leano Seven
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Artwork in the form of images is a type of creation that receives legal protection as regulated under Article 40 of Law Number 28 of 2014 on Copyright. However, the advancement of Artificial Intelligence (AI) technology capable of producing images based on user prompts raises new issues regarding the recognition of copyright ownership over works produced by AI systems. This research aims to analyze whether images produced through Artificial Intelligence can be recognized as objects of copyright protection under the Copyright Law, as well as to examine the extent of user ownership over images produced by AI. Furthermore, to prevent future legal uncertainty, this research will also discuss the urgency for the Indonesian government, through the Directorate General of Intellectual Property (DJKI), to amend the Copyright Law so that it can better adapt to the developments of AI.
The Resource Management Strategy of Nazir and Religious Instructors in Empowering Waqf Potential at the Religious Affairs Office (KUA) of East Binjai District Muhammad Fahrul Rozy; Muhammad Nur Iqbal
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
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This study discusses the role of nazhir and religious instructors and strategies for strengthening both in empowering the potential of waqf at the Office of Religious Affairs (KUA) of East Binjai District. Waqf is an Islamic economic instrument that has great potential in improving community welfare if managed professionally and productively. However, waqf management in East Binjai District still faces various obstacles, such as low public understanding of productive waqf, suboptimal management of waqf assets, and limited human resource competency in waqf management. This study aims to determine the role of nazhir in waqf management, the role of religious instructors in raising public awareness about waqf, and strategies for strengthening the role of nazhir and religious instructors in empowering the potential of waqf at the KUA of East Binjai District. The research method used is a qualitative method with a descriptive approach. Research data were obtained through observation, interviews, documentation, and literature studies related to waqf and its empowerment. The results show that nazhir has an important role in the administration, management, development, and protection of waqf assets so that they can be used productively for the benefit of the community. Meanwhile, religious instructors act as educators, motivators, facilitators, and community mentors to increase public understanding and participation in productive waqf. Strengthening strategies include improving the quality of human resources through training and coaching, public outreach on productive waqf, improving the administration and legality of waqf assets, strengthening inter-institutional cooperation, and utilizing information technology in waqf management. .

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