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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 268 Documents
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Legal Review of Online Buying and Selling Transactions Irwan Irwan; Muhammad Arief Saleh
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

In online buying and selling practices, common issues include non-delivery of goods, items not as described, late delivery, and damaged goods, which can lead to legal issues. Losses can be experienced not only by consumers but also by businesses selling their goods using the cash on delivery payment method. Agreements made in online buying and selling transactions are still premature because buyers only see the goods listed in the advertisement. The purpose of this research is to determine the legal impact on online buying and selling transactions. The type of research used is normative and empirical research. The normative research is conducted through literature studies from various sources, including legislation, books, journals, and information from online media. Meanwhile, empirical research obtains field data as the main data source, such as the results of interviews and observations. Online buying and selling has the potential to lead to unlawful acts, especially criminal violations, such as providing false information about advertised products, deception between sellers and buyers because the goods that have been paid for do not reach the buyer, or vice versa, goods that have been purchased but not paid for by the buyer. Article 1321 of the Civil Code stipulates that an agreement is legally void if it is made through error, obtained through coercion, or fraud. Researchers recognize that the use of online media for electronic buying and selling transactions must be conducted wisely and in good faith, as potential negligence and crime can result in legal violations.
Death Penalty Criticism and Its Relevance in Indonesia's Modern Criminal Justice System: A Normative Analysis of Law No. 1 of 2023 Sona Asnawi; Agit Yogi Subandi; Mulyadi Mulyadi; Yandri Ahmad Rifandi; Nicodias Palasara
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Criminal law reform in Indonesia continuously seeks to balance retributive justice with the protection of human rights, particularly regarding the existence of the death penalty. This study aims to analyze the fundamental concept of capital punishment, examine scholarly criticisms of its implementation, and evaluate its relevance within the modern legal system. Employing a normative legal research method with a literature-based approach, this study analyzes primary and secondary legal materials related to policies governing the formulation and application of the death penalty. The findings reveal that the principal criticisms of capital punishment concern the lack of conclusive empirical evidence supporting its deterrent effect and the risk of irreversible judicial errors. From the perspective of modern law, a significant paradigm shift has occurred, whereby the death penalty is no longer positioned as a principal punishment but rather as a special and alternative sanction, as stipulated in Law Number 1 of 2023 concerning the Criminal Code. This transformation reflects an effort to reconcile criminal justice objectives with contemporary human rights standards. The study concludes that the death penalty remains relevant in the modern legal era only when applied as an ultimum remedium (last resort) for extraordinary crimes, accompanied by careful consideration of human rights principles, proportionality, and substantive justice.
Optimizing the Role of the Indonesian Waqf Board of North Sumatra Province in Increasing the Professionalism of Nazhir in Managing Waqf Productively in Medan Marelan District, Medan City Ichwanul Qawi; 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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Abstract

This study aims to examine the optimization of the role of the Indonesian Waqf Board (BWI) of North Sumatra Province in improving the professionalism of waqf managers (nazhir) in managing productive waqf in Medan Marelan District. The background of this research is based on the fact that waqf management is still predominantly traditional and consumptive, which limits its potential as an instrument for socio-economic empowerment. This study employs a qualitative method with an empirical juridical approach, analyzing law not only as a set of norms but also as it is implemented in practice. Data were collected through interviews with representatives of BWI North Sumatra and local nazhir, supported by a literature review of relevant laws and academic sources. The findings indicate that the professionalism of nazhir remains relatively low, particularly in terms of managerial skills, administrative capacity, and understanding of productive waqf concepts. Furthermore, the role of BWI North Sumatra in guiding and supervising nazhir has not been fully optimized due to limited resources, insufficient training programs, and uneven distribution of capacity-building initiatives. As a result, the development of productive waqf management in the research area has not yet been achieved. Therefore, strengthening the role of BWI through intensive training, continuous mentoring, and improved supervision mechanisms is essential to enhance nazhir professionalism and to maximize the economic benefits of waqf for the community
Implementation of Law Enforcement Towards the Regulation of Street Clowns in Gorontalo City Rohana Mahmud; Sukarman Kamuli; Nopiana Mozin
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The phenomenon of street clowns in urban areas, particularly in Gorontalo City, is a form of social problem that arises due to economic pressures and limited employment opportunities, and has implications for disrupting public order. Although it has been regulated in Regional Regulation No. 1 of 2018 concerning Public Order, the practice of street clowns continues to occur in public spaces. This study aims to analyze the implementation of Regional Regulation No. 1 of 2018 on controlling street clowns and identify factors that influence the effectiveness of law enforcement. This study uses an empirical legal research type with a descriptive qualitative approach. The research location was carried out in Gorontalo City, specifically at road intersections and public spaces. The research informants numbered 6–8 people consisting of officers from the Civil Service Police Unit, the Social Service, street clowns, and road users, who were selected purposively because they were considered to understand the problem being studied. The data used includes primary and secondary data, obtained through interviews, observation, documentation, and literature review. These data were then analyzed through data reduction, data presentation, and conclusion drawing, with validity testing through source triangulation. The results of the study indicate that policy implementation has been running quite well from an institutional perspective through socialization, enforcement, and guidance. However, it has not been fully effective due to ongoing communication constraints, limited resources, unequal distribution of guidance, and inconsistent law enforcement. Furthermore, economic factors are the primary cause of the continued existence of the street clown phenomenon. Therefore, an approach that is not solely repressive but also encompasses a sustainable social empowerment program is needed. These findings provide important implications for public policy development, particularly in creating more comprehensive and long-term solution-oriented handling.
Analysis and Strengthening of the Regulation of Digital Assets as Objects of Inheritance in Indonesian Inheritance Law Hardiyanto Putra Limonu
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The development of digital assets in Indonesia has shown significant growth, both in terms of the number of users and their economic value. Digital assets such as cryptocurrencies, NFTs, and digital accounts have become part of society's wealth and have the potential to become objects of inheritance. However, the Indonesian inheritance law system does not yet have explicit regulations regarding the status and inheritance mechanisms of digital assets, thus creating legal uncertainty and potentially hampering the protection of heirs' rights. This study aims to analyze the construction of regulations for digital assets as objects of inheritance in Indonesian inheritance law and examine the legal consequences of this lack of regulation on legal certainty and the protection of heirs' rights. The method used is normative legal research with a statutory, conceptual, and interdisciplinary approach through a literature review of primary, secondary, and tertiary legal materials analyzed qualitatively using systematic and grammatical interpretation methods. The results show that digital assets conceptually fulfill the elements of an inheritance object because they have economic value, can be owned, and can be transferred. However, Indonesian positive law does not yet provide clear regulations regarding the inheritance mechanism. This legal vacuum has resulted in legal uncertainty, potential disputes between heirs, difficulties in accessing digital assets, and weak legal protection for heirs. This study concludes that adaptive and comprehensive legal reforms are needed to accommodate the characteristics of digital assets within the Indonesian inheritance law system. These findings are expected to contribute to the development of contemporary inheritance law and serve as an academic basis for formulating legal policies related to the inheritance of digital assets in Indonesia.
The Paradox of Nihil Punishment Regulation for Corruption as an Extraordinary Crime Prima Hazairin Bakhtiar; Sodikin Sodikin
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The imposition of "nihil" (null) punishment on mega-corruption defendants, specifically in the Benny Tjokrosaputro case involving total losses of approximately Rp22 trillion, has sparked intense debate regarding the effectiveness of law enforcement and the public's sense of justice. As an extraordinary crime, corruption should be handled with extraordinary sentencing instruments. However, in practice, the Panel of Judges based the sentencing on Article 67 of the Criminal Code (KUHP), which is designed for ordinary crimes. Consequently, this research aims to analyze the juridical rationality of applying nihil punishment from a welfare state perspective and examine the implications of the legal vacuum within the Anti-Corruption Law (UU Tipikor) on the effectiveness of corruption eradication. Using normative legal research methods, the results indicate that nihil punishment creates a legal anomaly where extraordinary crimes are degraded to ordinary ones, thereby obscuring the dignity of the Anti-Corruption Law as lex specialis. This research proposes a revision of the Anti-Corruption Law by strengthening the extraordinary sentencing system, including the options of the death penalty, aggressive special fines, and the implementation of multiple life sentences to ensure no impunity or legal loopholes for repeat multi-case corruption perpetrators.
Evidentiary Value of Internet Protocol Address Similarity in Tender Collusion: a Study of Case No. 445 K/PDT.SUS-KPPU/2021 Raissa Sundari; Rismawati Rismawati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Background: Collusion in electronic tenders represents a fundamental violation of fair competition principles, as it systematically undermines the transparency, fairness, and efficiency of government procurement processes, prompting the adoption of the e-tender system to safeguard integrity. Objectives: This study aims to critically assess the legal validity and probative strength of IP addresses as electronic evidence in digital collusion cases, while specifically examining the judicial reasoning applied in relevant Indonesian court decisions. Methods: Employing a normative legal methodology with a descriptive-analytical approach, this research draws upon diverse legal literature, statutes, and comparative case studies. Results: The analysis establishes that while Article 5 of Indonesia's ITE Law formally recognizes IP addresses as valid electronic evidence due to their unique device-identifying function, the ruling in Decision Number 445 K/Pdt.Sus-KPPU/2021 is jurisprudentially flawed; the court erroneously limited the comparison of IP addresses to a superficial administrative verification by the procurement working group (pokja), despite the pokja lacking statutory access to the SPSE system. In contrast, international jurisdictions such as Brazil, Singapore, and China robustly admit IP addresses as compelling evidence when corroborated by metadata and system logs. Conclusions: Consequently, this study underscores the urgent necessity for Indonesia to establish consistent, technology-adaptive, and procedurally clear standards for electronic evidence to ensure legal certainty and reinforce the effective enforcement of fair competition law in the digital procurement landscape.
Implications for the Cancellation Clause of General Insurance Policies Following the Constitutional Court Decision (No. 83/PUU-XXII/2024) Ahmad Rendy; Elvan Fitransyah
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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The legal status of general insurance policy cancellation clauses and their implications after the Constitutional Court Decision Number 83/PUU-XXII/2024. The research problem formulations are: (a) what is the legal status of general insurance policy cancellation clauses before and after the Constitutional Court decision, and (b) what are the legal implications of the decision on the wording and application of policy cancellation clauses. This research uses a juridical normative method, with a statutory and conceptual approach, and analyzes primary sources in the form of laws, related regulations, and Constitutional Court decisions, as well as secondary sources from journals and recent legal publications. The results of the study indicate that before the Constitutional Court decision, policy cancellation clauses gave the insurer the unilateral right to cancel the policy if the insured provided false information or concealed material facts, so that the insured was in a weak legal position. After the Constitutional Court Decision Number 83/PUU-XXII/2024, policy cancellation can only be done based on a written agreement between both parties or through a court decision, so that the position of the insured and the insurer becomes more balanced and constitutional. This study concludes that the Constitutional Court's decision provides clearer legal certainty and strengthens the protection of the insured
Juridical Analysis of the Judge's Reasons for Not Imposing Criminal Liability on a Notary in a Case of Forgery of a Will Deed Popi Yoniawati; I Gusti Ayu Ketut Rachmi Handayani; Ismunarno Ismunarno
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 explain the juridical reasons why the Surabaya High Court Decision No. 920/PID/2024/PT.SBY did not impose criminal liability on Notary Dedi Wijaya in a case involving the forgery of a will deed committed by the defendant, King Finder Wong. This research employed a prescriptive normative legal method using statutory and case approaches. The analysis focused on the coherence of legal norms, principles, and their application in the court's decision. The primary legal materials consisted of the Indonesian Criminal Code (KUHP), the Law on the Office of Notary (UU Jabatan Notaris), the Indonesian Code of Criminal Procedure (KUHAP), and relevant court decisions, while the secondary legal materials included legal doctrines concerning authority and criminal liability. The findings indicate that the panel of judges concentrated its examination and ruling on the defendant as the accused party, whereas the notary was considered only within the factual evidentiary context concerning the deed-making process and the circumstances subsequently revealed, without establishing any element of criminal intent on the part of the notary. Procedural irregularities during the verification of identity and supporting documents were deemed more appropriately classified as breaches of professional prudence and disciplinary obligations rather than as fulfillment of the constituent elements of a criminal offense required for criminal punishment. The study recommends strengthening minimum verification standards for high-risk notarial deeds, requiring adequate documentation of clients' identities, postponing the execution of deeds when risk indicators arise, and enhancing professional supervision through continuous guidance and compliance audits. These findings provide guidance on the limits of a notary's criminal liability and offer directions for strengthening professional disciplinary enforcement to better protect users of notarial services.
Reconstructing the Concept of Permanent Establishment in the Global Era of Significant Economic Presence Syarif Djafar
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This research examines the reconstruction of Indonesia’s Permanent Establishment (PE) concept in response to the challenges of the digital economy. The rise of digital platforms and cross-border data transactions has diminished the relevance of the traditional PE definition, which relies on physical presence as the basis for taxation. Through a normative juridical approach, the study analyzes the inadequacy of existing regulations and explores the adoption of the Significant Economic Presence (SEP) principle as a new tax nexus. The analysis demonstrates that SEP offers a fair and modern legal mechanism to capture value creation derived from digital engagement, ensuring fiscal equity and protecting national tax sovereignty. Its effective implementation requires harmonisation between domestic law, international tax treaties, and administrative reform. The study concludes that integrating SEP into Indonesia’s taxation framework represents a necessary evolution toward a more just, adaptive, and comprehensive system suited for the digital era.

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