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INDONESIA
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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Codifying the Doctrine of Unjust Enrichment in Indonesian Law of Obligations Arsyad Y. Idrus
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This article examines the normative and systematic urgency of codifying the doctrine of unjust enrichment within Indonesia’s law of obligations. Although Indonesian private law, rooted in the civil law tradition, has long recognised contract and tort as the principal sources of obligations, it lacks an explicit and autonomous framework governing situations where one party is enriched at the expense of another without sufficient legal ground. This doctrinal gap forces courts to rely on broad principles of equity, good faith, and analogical reasoning, or to stretch contractual and delictual concepts beyond their proper domains, thereby undermining legal certainty, consistency, and equal treatment. Using a normative juridical method, supported by comparative analysis of developed unjust enrichment regimes in other jurisdictions, this research argues that codification is necessary to complete the triadic structure of obligations, clarify the relationship between unjust enrichment, contract, and tort, and provide clear elements and limits for restitutionary claims. Codification is further justified by the increasing complexity of modern transactions, particularly in the digital and financial sectors, where enrichment without legal basis frequently arises outside traditional fault‑based or consent‑based categories. The study concludes that an explicit unjust enrichment regime would enhance substantive justice, strengthen doctrinal coherence, and affirm the role of Indonesian private law as a credible instrument for regulating the fair distribution of gains and losses.
Gauging Algorithmic Justice: Assessing Indonesia’s Readiness to Adopt Predictive Justice in Criminal Law Gunawan Rena
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This article analyses the normative, institutional, and procedural readiness of Indonesia’s criminal justice system to adopt predictive justice tools, particularly algorithmic risk assessment, as decision‑support in bail, sentencing, and parole. Using a normative juridical and comparative approach, the study examines the compatibility of such tools with fundamental criminal law principles, including legality, individual culpability, presumption of innocence, proportionality, equality before the law, and the right to a fair and transparent trial. It argues that algorithmic, forward‑looking assessments of risk sit in structural tension with a system traditionally grounded in adjudication of past wrongdoing and individual guilt, and may entrench historical bias embedded in criminal justice data. At the same time, the article evaluates Indonesia’s institutional and regulatory infrastructure, identifying serious deficiencies in data quality and governance, legal rules on admissibility and transparency of algorithmic assessments, oversight mechanisms, and technical capacity among legal actors. The study concludes that Indonesia is not yet adequately prepared to integrate predictive justice and that significant reforms are required before such tools can be legitimately employed as subordinate aids rather than drivers of criminal decision‑making.
Politics of Law in Supervising Digital Disinformation During Democratic Elections in Indonesia Satrio Adi Warsito; Bambang Slamet Riyadi; Riza Zulfikar
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 politics of law concerning the supervision of digital disinformation in democratic elections in Indonesia amid the rapid development of digital communication technology and social media platforms. The study aims to analyse the effectiveness of Indonesia’s legal framework in supervising digital political communication during elections and to identify the reconstruction of legal policy necessary to maintain electoral integrity and democratic legitimacy. The spread of fake news, political propaganda, algorithmic manipulation, and artificial intelligence-generated political content has significantly influenced democratic participation and electoral processes in Indonesia. However, existing electoral and electronic information regulations remain fragmented and relatively reactive toward technological developments. This research employs normative legal research using statutory, conceptual, and comparative approaches. The statutory approach analyses regulations concerning elections and electronic information, while the conceptual approach examines theories of politics of law, democracy, and digital governance. The comparative approach compares Indonesia’s legal framework with several democratic countries regarding digital election supervision. The research specification is analytical-descriptive, with data collected through library research involving primary, secondary, and tertiary legal materials. Data analysis is conducted through qualitative juridical analysis based on constitutional principles and democratic values. The results show that Indonesia’s politics of law concerning digital election supervision requires adaptive legal reform through strengthening legal substance, institutional coordination, digital platform accountability, and public digital literacy. The novelty of this research lies in its analysis of digital election supervision from the perspective of politics of law by emphasizing adaptive democratic legal governance that balances freedom of expression with the protection of electoral integrity in the digital era.
Legal Analysis of Illegal Adoption Without Court Determination and Legal Protection of Children's Rights in Indonesia Arya Wijaya; Wulan Windiarti
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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The practice of informal or underhand (de facto) child adoption accompanied by the manipulation of population administration documents is widespread within the sociological reality of Indonesian society. This phenomenon triggers juridical issues when bypassing the formal channels of civil court proceedings (voluntair) results in uncertainty regarding the child's civil status, thereby causing vulnerability in substantive civil law protection and the fulfillment of the child's future economic (inheritance) rights. This research carries a fundamental urgency to examine the synchronization of cross-sectoral adoption regulations, test the effectiveness of law enforcement through the lens of legal sociology, and formulate an ideal non-penal (administrative-civil) solution model for child protection. The research method applied is normative juridical, relying on primary, secondary, and tertiary legal materials obtained through library research. The problem-approach is conducted via the statute approach, conceptual approach, and case approach. All legal materials are analyzed qualitatively-normatively using deductive reasoning through the method of legal syllogism as well as legal interpretation methods (rechtsinterpretatie). The theories utilized to dissect the issues in this study are Soerjono Soekanto's Legal Effectiveness Theory and Satjipto Rahardjo's Legal Protection Theory. The research results indicate that the legal regulation of child adoption in Indonesia is pluralistic (encompassing national, customary, and Islamic laws), where the rigid enforcement of penal sanctions in the population sector is deemed ineffective due to the dominance of the community's Legal Culture Factor that prioritizes humanitarian motives, which is harmoniously responded to by the Law Enforcer Factor through humanistic discretionary policies. This policy aligns with the modern sentencing paradigm in the New Criminal Code (Law Number 1 of 2023), which prioritizes restorative justice. In conclusion, the substantive legal protection of de facto foster children must be manifested through administrative-civil legalization channels to ensure that the principle of the best interests of the child is truly realized.
Implementation of Legal Protection Regarding Copyright for Works of Painting Adeline Pricilla Putri; Ismayani Ismayani; Taufika Hidayati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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In Indonesia, works of art are protected by Law Number 28 of 2014 concerning Copyright (Law 28/2014), which regulates the exclusive rights of creators, including moral rights and economic rights. This protection applies automatically without the need for registration, although registration with the Directorate General of Intellectual Property (DJKI) remains important as proof of legal ownership. This study aims to analyze the legal protection policy for paintings in Indonesia. Paintings are a form of creative expression with high economic and cultural value. However, paintings are also vulnerable to copyright infringement, necessitating effective legal protection. This study uses a normative legal research method with a legal policy analysis approach. The data used in this study are secondary data obtained from legal sources, such as Law Number 28 of 2014 concerning Copyright, government regulations, and court decisions. The results indicate that the legal protection policy for paintings in Indonesia is regulated by Law Number 28 of 2014 concerning Copyright. This law provides legal protection to creators of works of art regarding their economic and moral rights. However, the lack of awareness and knowledge about copyright among artists and the general public are some of the factors that contribute to the ineffectiveness of this policy. Furthermore, the costs of copyright registration are excessively high. Based on the research findings, the author recommends several things: (1) increasing awareness and knowledge about copyright among artists and the general public through education and training; (2) promptly registering works of art with the Directorate General of Intellectual Property Rights (DJKI) to ensure stronger legal protection and evidence in the event of a copyright dispute; (3) including watermarks on works of art as identification to prevent plagiarism. Therefore, this research is expected to contribute to improving legal protection regarding copyright for works of art in Indonesia.
Criminal Responsibility for Self-Use of Narcotics (Study of Case Decision Number: 309/PID.SUS/2017/PT.DKI) Mutia Rahayu; Nining Yurista Prawitasari
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study discusses the application of criminal law in drug abuse cases analyzed through a study of the decision of case number: 309/PID.SUS/2017/PT.DKI. The main focus of the study is how the indictment, demands, and legal considerations by the judge reflect the values ​​of substantive and procedural justice, as well as how criminal law and the theory of justice are implemented in judicial practice. In this case, the defendant was charged with violating Article 112 paragraph (1) and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics. The judge sentenced him to imprisonment accompanied by medical and social rehabilitation, reflecting proportional efforts in imposing sanctions. This study also highlights how inequality in legal treatment of drug users still occurs, as well as the importance of reforming drug law policies to be more oriented towards restorative justice. The study emphasizes that true justice in drug cases must emphasize imprisonment to provide a deterrent effect rather than paying attention to the rehabilitation dimension.
Legal Liability of Parties to Lease Agreements Concerning Income Tax Withholding and Remittance under Law Number 7 of 2021 on the Harmonization of Tax Regulations Herlambang Herlambang; Appe Hutauruk; Hotman Sinambela
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Lease agreements create not only contractual rights and obligations between lessors and lessees but also taxation obligations, particularly those related to the withholding and remittance of Income Tax (PPh) on rental income. This study aims to analyze the legal responsibilities of parties to lease agreements concerning Income Tax withholding and remittance under Law Number 7 of 2021 on the Harmonization of Tax Regulations and to examine the legal consequences and forms of legal protection arising from non-compliance. This study employs a juridical-empirical legal research method using statutory and conceptual approaches. Data were obtained through literature review and interviews and were analyzed qualitatively using a descriptive-analytical method. The findings indicate that tax obligations arising from lease transactions are statutory obligations governed by mandatory public law and therefore cannot be excluded or transferred solely through contractual provisions. A party legally designated as a withholding agent remains responsible for withholding, remitting, reporting, and documenting Income Tax in accordance with applicable regulations. Failure to fulfill these obligations may result in administrative sanctions and, under certain circumstances, civil or criminal liability. Legal protection is provided through preventive and repressive mechanisms. The study concludes that synchronization between contractual arrangements and taxation regulations, supported by improved tax awareness, administrative capacity, and effective supervision, is essential to strengthen legal certainty and tax compliance in lease transactions.
Legal Protection for Debtors Through Stay (Suspension of Execution) in the Postponement of Debt Payment Obligations (PKPU) to Ensure the Continuity of Business Operations Sukamto Kusnadi; Gunawan Nachrawi
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Increasingly complex business activities are inseparable from the debt-receivables relationship which has the potential to cause problems when debtors experience financial difficulties. In these conditions, the Debt Payment Obligation Suspension (PKPU) mechanism is present as a legal means that aims to provide opportunities for debtors to restructure their debts and avoid bankruptcy. One of the important instruments in PKPU is stay (suspension of execution), which functions to suspend execution and collection actions by creditors. This study aims to analyze how the legal arrangement remains in PKPU as a form of legal protection for debtors and how effective its implementation is in ensuring the sustainability of business operations. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of laws and regulations, especially Law Number 37 of 2004 concerning Bankruptcy and PKPU, as well as secondary legal materials in the form of relevant scientific literature and journals. The analysis was carried out qualitatively using descriptive-analytical techniques. The results of the study show that the legal stay arrangement in PKPU is constructed as an automatic suspension mechanism that limits creditors' execution actions and places debtors under supervision during the PKPU period, thereby providing preventive legal protection for debtors to carry out debt restructuring. In addition, the implementation of stays has proven to be effective in protecting debtors and maintaining business continuity because it is able to maintain productive assets and create room for negotiation, but this effectiveness is conditional because it is highly dependent on the debtor's good faith, the feasibility of the peace plan, and optimal supervision, so it has the potential to be abused if it is not balanced with adequate control.

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