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INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year April, August, and December, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 481 Documents
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The Analisis Kepastian Hukum terhadap Kontrak Elektronik dan Smart Contract I Nyoman Wahyu Ariartha; I Made Sudharma; Putu Ulandari Sri Lestari
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.220-225

Abstract

The rapid development of information technology has significantly transformed the field of contract law in Indonesia. Electronic contracts and smart contracts have emerged as new legal phenomena that require adaptation within the national legal framework. This article aims to analyze the legal certainty of online and smart contracts in Indonesia’s positive law, particularly in light of recent regulations such as Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and Law Number 27 of 2022 on Personal Data Protection. Using a normative juridical method with statutory and conceptual approaches, this study finds that electronic contracts are legally recognized but still face challenges in authentication, evidentiary standards, and legal protection. Meanwhile, smart contracts are not yet explicitly regulated, though they can be deemed valid under the principles of pacta sunt servanda and free will. The study concludes that a Digital Contract and Smart Contract Law is urgently needed to ensure that Indonesia’s legal system can balance technological efficiency with legal justice.
Implikasi Regulasi Perizinan Terhadap Pembatasan Starlink Dan Dampaknya Bagi Persaingan Usaha di Indonesia Owen Edgar Kuncoro; Bambang Priyatna Kusuma
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.237-247

Abstract

Starlink is a large constellation of advanced artificial satellites that work together as a single system using low Earth orbit to provide high speed internet that can transmit large amounts of data quickly and efficiently. The entry of Starlink into Indonesia has introduced new dynamics in the country’s telecommunications sector. The government’s regulatory response, in the form of licensing restrictions on the sale of devices and the use of services, aims to maintain legal certainty, protect digital sovereignty, and safeguard local internet providers. This study aims to analyze the implications of licensing regulations on the restriction of Starlink and its impact on business competition. The research applies a normative juridical method through legislative, conceptual, and comparative approaches. The results show that the restrictions are based on the need to preserve legal certainty, digital sovereignty, and the protection of local internet services. However, such policies may competition dynamics. Overprotective regulation may slow technological progress, while overly open regulations could threaten local industries. Therefore, proportional and adaptive policies are required to balance domestic market protection, consumer interests and access to global innovation.
Bayang-Bayang Kafala Pasca-Reformasi Qatar: Kritik Hukum Kebiasaan Internasional terhadap Penegakan Hukum Selektif atas Pekerja Migran Nawal Alifiah Hidayat; Zerry Akbar Yudisetyo
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.248-256

Abstract

The paper will observe the post-kafala labor law reforms in Qatar concerning the binding principles of customary international law. Through the juridical-normative approach, the study assesses Qatar based on the adherence to three fundamental customary norms such as freedom of movement, non-discrimination, and due process since the 2020 legislative changes that formally ended the sponsorship system. The results indicate that the highly-rated reforms such removal of exit permits, introduction of minimum wage, among others, are still more of a form, whereby, procedures and administrative processes keep the gist of dependency. The continued violation of universal customary norms is evidenced by such persistent obstacles as a 90-day notice period, Arabic-only grievance procedures, and the differential enforcement of the same based on nationality. The paper advances the notion of the Shadow of Kafala which explains how Qatar manages to maintain structural control and selective implementation in the name of compliance. The study paves the way in international law by entrenching customary law as a normative reference point in the assessment of labor reforms outside the treaty ratification. Besides, it offers a legal basis on which the labor sending states can invoke the state responsibility pursuant to the erga omnes obligations in case of systematic discrimination and deliberate enforcement.
Efisiensi Anggaran Berdasarkan Inpres No. 1 Tahun 2025 Terhadap Hak Konstitusional Pendidikan Warga Negara Gufron Ihsan
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.328-339

Abstract

This study examines the legal issues that arise when Presidential Instruction (Inpres) No. 1 of 2025 on budget efficiency is applied to the education sector. The purpose of this research is to analyze the legal status of the Inpres within the national legal system, assess its compatibility with the principle of distributive justice, and evaluate its impact on the fulfillment of the right to education. This study employs normative legal research. The findings reveal that the Inpres does not constitute a binding legal norm for the general public, making its application problematic when used as the basis for policies affecting fundamental rights. Moreover, the budget efficiency policy implemented through Inpres No. 1 of 2025 has the potential to decrease the quality and accessibility of education, particularly in underdeveloped, frontier, and outermost (3T) regions. This includes reductions in non-permanent teaching staff, stagnation in infrastructure development, and limited educational assistance programs. Viewed through the lens of John Rawls’ theory of distributive justice, the policy fails to uphold the principle of prioritizing the most vulnerable groups.
Pengaturan Perubahan Kesalahan Kata Pada Penulisan Komparisi Akta Notaris Putu Indira Yustika Kusuma Dewi; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.340-346

Abstract

Correction of errors in writing the "komparisi" must follow the procedures stipulated in the applicable laws and regulations, as essentially what is contained in an authentic deed must be accurate to maintain the power of the authentic deed as evidence. This is the duty of the Notary because the Notary must ensure that the documents of the appearing parties, such as identities and supporting evidence, are correct. The purpose of this writing is to understand the regulatory provisions for changing errors in the writing of the "komparisi" in deeds and the legal impacts on Notaries and the parties involved if errors in the "komparisi" writing are not promptly corrected. This journal uses a normative legal research method, including legislative, conceptual, and analytical approaches, due to ambiguities in the norms. The result of this research is that if there are typographical errors in the "komparisi," the Notary corrects them through the renvooi mechanism before the deed is signed or by a correction (ralat) after signing, following the UUJN procedures with the consent of the parties, even though the change of errors in the "komparisi" is not explicitly regulated. The legal impact on the parties for such errors, if not immediately corrected, is that the deed will be degraded to a private deed, and the responsible Notary may be subject to civil, administrative, and criminal sanctions.
Makna Frasa Berturut-Turut dalam Pasal 19 Ayat (3) Undang-Undang Jabatan Notaris Ni Made Dwita Andayana Dewi; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.356-352

Abstract

The clarity of meaning in every provision of the law is essential to prevent differences in interpretation that may hinder the realization of legal certainty and justice in its aplication. This research intends to evaluate the juridical implications of successive Notarial instrument executed outside from the notary's residence with regard to their legality and to interpret the phrases "consecutively" under Article 19 paragraph (3) in the UUJN. The UUJN ambiguous norm is the source of this study. The study adopts a normative legal research method, With reference to both main and supporting souces of law. The analysis applies conceptual and legislative approaches as the methods of analysis. Data collection techniques include document studies and qualitative studies, intended to gather naturalistic data consisting of textual information. Based on the results obtained, it can be inferred that the phrase “consecutively” in the UUJN is interpreted as a prohibition for notaries to continuously perform their official duties outside their domicile without a reasonable interval and without legitimate reasons as referred to in the specific grounds provided under Article 3 point 15 of the KEN. This phrase serves as a limitation to ensure that the exercise of notarial duties remains within the boundaries of professionalism, ethics, legal certainty, and justice. The execution of a notarial deed outside the notary’s domicile, whether or not based on “certain reasons,” is allowed provided that it is still within the notary’s official jurisdiction and in accordance with Article 19(3) in the UUJN.
Peran dan Tanggung Jawab Notaris Berkaitan Dengan Pelaksanaan Corporate Social Responsibility Oleh Perseroan Terbatas Desak Made Chyntia Dewi; Ayu Putu Laksmi Danyathi
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.318-327

Abstract

Corporate Social Responsibility (CSR) is a legal obligation that must be implemented by every Limited Liability Company (PT) engaged in or related to natural resource management, as stipulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and Article 15(b) of Law Number 25 of 2007 concerning Investment (UUPM). The implementation of CSR represents a company’s social and environmental responsibility in supporting sustainable economic development. However, in practice, there remains a gap between normative regulation and its implementation, particularly regarding corporate compliance and the clarity of legal sanctions for violations. This study aims to analyze the legal framework governing CSR implementation by PTs and to and to analyze the notary’s role and legal responsibility in connection with the implementation of Corporate Social Responsibility (CSR) by Limited Liability Companies. The research employs a normative juridical method with statutory and conceptual approaches based on the provisions of the UUPT, UUPM, UUJN, and relevant legal doctrines. The findings indicate that notaries play a crucial preventive and educational role through their authority to provide legal counseling to ensure that companies understand their CSR obligations from the establishment stage. However, the legal responsibility for CSR implementation lies entirely with the company as an independent legal entity. Notaries cannot be held liable for a company’s failure to fulfill CSR obligations unless proven to have violated the provisions of the Notary Office Law (UUJN) or ethical provisions related to their official duties in preparing authentic deeds.
Batasan Penggunaan Hak Ingkar Notaris Terhadap Kewajiban Menjaga Kerahasiaan Akta Komang Sulistyawati; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.347-355

Abstract

The notary holds a crucial role as a public official authorized by the state to ensure legal certainty and protection through the creation of authentic deeds. One of the notary’s principal responsibilities is to maintain the confidentiality of deeds, a duty that is legally protected through the right of refusal (recht van verschoning). However, in notarial practice, conflicts often arise between the obligation to uphold professional confidentiality and the demands of law enforcement when a notary is requested to testify in court. This situation reflects a gap between legal theory and the practical implementation of the right of refusal in Indonesia. This study aims to examine the legal regulations governing the notary’s right of refusal and analyze the limits of its application in relation to the obligation to maintain deed confidentiality. The research employs a normative juridical method with a statutory approach. It also provides a descriptive analysis of primary and secondary legal materials related to the notary’s right of refusal, including the Notary Office Law, the Criminal Code, the Criminal Procedure Code, the Civil Code, and the Notary Code of Ethics. The findings indicate that the right of refusal has a strong legal foundation as a form of protection for professional secrecy; however, its application is limited. This right may be set aside when mandated by law, in cases involving higher legal interests, or with the approval of the Honorary Council of Notaries (Majelis Kehormatan Notaris, MKN).
Eksistensi Negara Berdaulat Tuvalu Dengan Pindahnya Wilayah Negara Ke Metaverse Aloysius A. Pabubung; Ninon Melatyugra
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.13870.298-309

Abstract

The development of digital technology has created new phenomena in international relations, one of which is the idea of Tuvalu, which plans to move its country to the Metaverse due to the threat of its physical territory sinking as a result of climate change. This issue is important because it challenges the classical understanding of international law regarding the constitutive elements of a state, particularly defined territory as stipulated in the 1933 Montevideo Convention. In existing literature, there is no consensus between the theory of territorial state law and the practice of non-physical state digitalization, resulting in a conceptual gap between traditional sovereignty and virtual existence. This study aims to analyze whether the Metaverse can fulfill the element of territory as one of the requirements for the formation of a state and how this would imply the status of Tuvalu's sovereignty. The research method used is normative legal research with a statute approach, using the 1933 Montevideo Convention as the main basis for analysis. The results show that the Metaverse does not fulfill the element of territory in the sense of international law because it does not have definite geographical boundaries, cannot be used as a place of residence for residents, and is not subject to the principle of territorial sovereignty. Thus, Tuvalu's relocation to the Metaverse only has symbolic and cultural significance, not legal existence as a sovereign state. This study enriches international legal studies by emphasizing the importance of updating the concepts of sovereignty and territory amid advances in digital technology and the global climate crisis.
Permohonan Praperadilan Tentang Penetapan Tersangka yang Berstatus Daftar Pencarian Orang (DPO) di Pengadilan Negeri Denpasar Dewa Gede Adi Kesumayuda; Anak Agung Sagung Laksmi Dewi; Kade Richa Mulyawati
Jurnal Interpretasi Hukum Vol. 6 No. 1 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.1.13896.190-196

Abstract

A pretrial application filed by a suspect who has the status of a Wanted Person List (DPO). This raises problems, because it is not in line with SEMA Number 1 of 2018.So that the formulation of the problem, 1) What is the procedure for pretrial applications filed by suspects with DPO status?, 2) What are the obstacles in the pretrial process filed by suspects with DPO status at the Denpasar District Court? The purpose of this study is to analyze and understand the procedure for pretrial applications filed by suspects with DPO status, as well as the obstacles. The method used is an empirical method. The pretrial application procedure submitted by a suspect with DPO status is the same as the pretrial application procedure in general, but after that the application is rejected in line with the regulations. The obstacle that occurs is that the suspect is a person with DPO status in the sense that the suspect cannot fulfill attendance. The effort made was to call back the suspect even though the suspect was still a DPO. With suggestions that a more complex policy be formed.

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