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Journal Evidence Of Law
Published by CV. Era Digital Nusantara
ISSN : 28303350     EISSN : 28285301     DOI : 10.59066/jel
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 275 Documents
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Revisiting the Principles of International Contracts in the Digital Trade Era: Towards a Global Legal Framework Hidayati, Sri; Susilowati, Etty; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1593

Abstract

Digital commerce has fundamentally transformed the legal foundations of classical international contracts in several ways. Principles such as consensualism, freedom of contract, and good faith face serious challenges due to the emergence of algorithmic contracts, power asymmetries on digital platforms, and the complexity of cross-border jurisdictions. This study critically examines the normative limitations of existing legal frameworks, including the CISG, UNIDROIT Principles, and UNCITRAL Model Laws, when confronted with a digitalized contractual environment. Using a normative-comparative approach, this study redefines contractual principles by incorporating concepts such as algorithmic fairness, digital accountability, and trust-by-design. This study emphasizes that the global legal order for digital contracts must transcend the nation-state paradigm and shift toward a pluralistic, principle-based framework through transnational legal processes. This study contributes to the development of legal theory and regulatory design by proposing a roadmap for an inclusive and adaptive global normative architecture.
Reframing Contractual Freedom in Cross-Border Commercial Agreements: Legal Challenges of Standard Terms and Global Consumer Protection Rismaya Maharsanthy, Yovanka; Susilowati, Etty; Rattanapun , Supot
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1594

Abstract

The increasing prevalence of standard clauses in international commercial agreements has intensified normative tensions between the principle of freedom of contract and the imperative of global consumer protection. This study investigates the legal ramifications of such clauses in cross-border transactions, with particular emphasis on business-to-consumer (B2C) contracts marked by pronounced bargaining power asymmetries. Employing a normative legal methodology combined with comparative analysis, the research demonstrates that standard clauses are frequently drafted unilaterally, lack sufficient transparency, and impose liability limitations that operate to the detriment of consumers. The analysis further reveals significant regulatory fragmentation across jurisdictions and the absence of coherent international standards capable of ensuring legal certainty and affording equal protection to consumers. In response, the study advances a reconceptualization of the principle of freedom of contract in the transnational arena, underscoring the primacy of substantive justice, the necessity of transparency in information disclosure, and the enforceability of consumer rights. As a practical contribution, it recommends the establishment of a harmonized international legal framework for the regulation of standard clauses, grounded in the principles of minimum protection and cross-jurisdictional justice. This research thereby seeks to contribute to the evolution of international contract law toward greater responsiveness to the challenges of globalization and the exigencies of consumer protection in the digital economy.
Citizenship, Statelessness, and the Constitution: A Critical Study of Legal Reform and International Obligations Taufiqurrahman, Taufiqurrahman; Suganda, Atma; Ariyamang, Watcharee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1595

Abstract

The phenomenon of statelessness is a serious challenge for national and international legal systems, especially when a country's constitution is unable to guarantee effective protection of the right to nationality. This article aims to explore the tension between constitutional sovereignty and international obligations in addressing statelessness, as well as analyze how domestic legal frameworks can be reformulated to be more inclusive. Using a normative legal method and a comparative approach, this study examines three jurisdictions—Indonesia, Myanmar, and Latvia—and identifies three patterns of state failure: legitimized legal exclusion, transitional ambiguity, and administrative neglect. The findings suggest that constitutions should be positioned as dynamic legal instruments capable of internalizing international human rights principles, rather than mere expressions of state sovereignty. Through a transformative constitutionalism approach, this article emphasizes the importance of citizenship law reform involving the establishment of independent adjudicative mechanisms and the harmonization of legislation with international conventions. The main contribution of this research is the development of a typological model of state failure and the formulation of a multilevel reform agenda as a foundation for the formulation of more just and accountable legal policies for stateless individuals.
Judicial Discretion and the Limits of Homologation in Cross-Border Insolvency: Rethinking Legal Certainty and Creditor Protection from a Comparative Perspective Reinhard R. S, Andra; Hasibuan, Fauzie Yusuf; Rangsimanop, Pattharawadee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1596

Abstract

This article examines the relationship between judicial discretion and homologation procedures in bankruptcy law, highlighting their impact on legal certainty and creditor protection across different legal systems. Through a comparative legal approach to Indonesia, the United States, and the Netherlands, this study demonstrates that judicial discretion that is not normatively constrained, particularly in developing jurisdictions, has the potential to erode procedural predictability and lead to disparities in the treatment of creditors. Conversely, systems that adopt a parameter-based judicial discretion structure and procedural transparency, such as in the US and the Netherlands, are capable of producing fairer and more predictable bankruptcy rulings. Using a framework of reflective legal theory and social systems theory, this study offers a normative design to harmonize homologation procedural standards without eliminating judicial flexibility. This study contributes not only to the development of bankruptcy law theory but also to national legal policy reform in the context of harmonization with international best practices, particularly within the UNCITRAL framework.
Legal Response to Lone-Wolf Terrorism: A Global Review of Emerging Trends in Criminal Law Lombu, Hadirat Syukur; Shodiq, Md.; Suasoongnern, Sineenart
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1597

Abstract

Lone-wolf terrorism poses a major challenge to modern criminal justice systems due to its decentralized, unpredictable, and often ideologically motivated nature. Unlike organized terrorist networks, lone actors tend to undergo radicalization independently and lack formal logistical support, rendering conventional law enforcement strategies less effective. This study uses a legal-normative method and a comparative law approach to examine the responses of four countries—the United States, the United Kingdom, France, and Indonesia—to this threat through their national criminal law frameworks. The results reveal significant differences in legal definitions, preventive measures, and standards of proof, reflecting the tension between national security needs and the protection of human rights. Common law countries are more likely to adopt proactive measures such as pre-crime intervention and movement restrictions, while civil law countries tend to be cautious in upholding the principle of legality and procedural safeguards. This article proposes universal legal principles that emphasize proportionality, legal certainty, and respect for human rights in responding to individual terrorism. The main contribution of this research lies in the development of a normative framework that can be used to harmonize national and international criminal law responses to the threat of individual terrorism.
Regaining Cross-Border Authority: The Role of Law and Institutional Challenges for Curators in Cross-Border Insolvency Indrawan, Riesky; Situmorang, Risma; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1598

Abstract

The increasing integration of the global economy has led to a surge in cross-border insolvency cases, placing insolvency administrators as key actors in the management and liquidation of assets across jurisdictions. This article critically examines the legal role of insolvency administrators in cross-border insolvency cases and identifies normative and structural challenges that hinder the effectiveness of their duties. Using a normative legal method and a comparative approach, this study analyzes the weak legal recognition of foreign insolvency administrators, the failure of intergovernmental coordination, and the limitations in asset tracing due to data access restrictions between jurisdictions. Findings reveal that the absence of a harmonized legal framework and the lack of formal transnational cooperation protocols significantly hinder the legitimacy and efficiency of the role of bankruptcy trustees in a global context. This study also highlights regulatory gaps in Indonesian bankruptcy law that have not yet accommodated mechanisms for cross-border recognition and cooperation. Using the lens of doctrinal legal theory and transnational legal theory, this article proposes institutional reforms through the adoption of the UNCITRAL Model Law and the development of cooperation protocols among insolvency administrators as solutions toward a more responsive and equitable global insolvency governance system. This article contributes both theoretically and practically to the development of an inclusive and interoperable insolvency system within the global legal order.
Protection of Advocates Immunity Rights in The Criminal Code: Between Legal Certainty and Justice Subri, Anderson; Hamid, Adnan; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1599

Abstract

The protection of advocates’ immunity rights is a fundamental aspect of ensuring their role as independent and equal law enforcers within the criminal justice system. In Indonesia, advocate immunity is regulated under Article 16 of Law No. 18 of 2003 on Advocates and was further interpreted by the Constitutional Court Decision No. 26/PUU-IX/2013 to extend beyond courtroom proceedings. However, the emergence of the Criminal Code (KUHP) raises new debates regarding the explicit recognition and operational guarantees of such rights. This study aims to analyze the normative position of advocate immunity in the KUHP and assess its implications for legal certainty and the pursuit of justice. Employing a normative legal approach and comparative analysis with other legal systems, the research finds that the current lack of clear and explicit provisions protecting advocates’ immunity in the KUHP is a notable deficiency. This legal gap may weaken the position of advocates and expose them to risks of criminalization in the performance of their professional duties. Therefore, this paper recommends a clearer normative formulation that ensures adequate protection for advocates while upholding a balanced realization of legal certainty and substantive justice in Indonesia’s criminal justice system.
Law EnforcementAgainst Dangerous Pharmaceutical Preparations in the National Health System Puspito Rini, Dian; Hamid , Adnan; Rangsimanop, Pattharawadee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1607

Abstract

Cosmetic preparations are ingredients that can be used on parts of the body that change a person's appearance. In Indonesia, the discovery of dangerous cosmetic preparations is rampant, based on several Press Releases submitted by the POM Agency. The rise of the discovery of dangerous cosmetic preparations has had a great impact on the health system in Indonesia. The a need for law enforcement against dangerous cosmetic preparations to improve the health system in Indonesia and to achieve the highest degree of health for the community. The purpose of research is to dig up and find a fact that has not existed before. The method used is qualitative literature research. The results of the surveillance research on cosmetic preparations still face obstacles due to limited human resources, large surveillance areas, and the complexity of supervision. The results of the study are the punishments given to business actors who commit cosmetic crimes, with the punishment imposed on the perpetrators being relatively light, so that they do not cause a deterrent effect for business actors. Law enforcement against dangerous cosmetic preparations in Indonesia has not had a deterrent effect on business actors and does not cause fear of committing violations, so that it can be said that it has not been able to realize the highest optimal level of public health.
The Transformation of State-Owned Enterprise Monopolies and Healthy Market Competition in Bulding Harmonization of Business Competition Law Joyo Santoso, Budi; Hamid, Adnan; Suasoongnern, Sineenart
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1608

Abstract

The 1945 Constitution, Article 33(2), establishes the state as the controller of important branches of production for the welfare of the people, but its implementation has continued to shift in line with political regime dynamics, from the command economy model of independence to the corporatization of state-owned enterprises (SOEs) under the New Order and the post-1998 crisis reforms that emphasized healthy competition. The latest debate has emerged from Law No. 1/2025 on SOEs, which grants the President discretionary monopoly powers through Government Regulations without competition impact assessments by the Competition Commission (KPPU), while Law No. 5/1999 requires SOE monopolies to be regulated by law and supervised by the KPPU. The main issue is the normative disharmony between executive monopoly rights and independent oversight mechanisms, which creates legal uncertainty, potential inefficiency, and rent-seeking risks. This study employs a normative-analytical legal approach with literature review and analysis of primary, secondary, and tertiary legal documents, integrating the statute approach and conceptual approach to unravel the relationship between the constitutional framework, monopoly policy, and the principle of fair competition. The findings indicate that Article 86M of Law 1/2025 expands executive discretion without adequate checks and balances, while Law 5/1999 provides a strict oversight framework through the KPPU. The discussion emphasizes the urgency of regulatory harmonization through systematic revision of Article 86M, including mandatory consultation with the KPPU, a sunset clause, and a competition impact assessment, as well as strengthening the independence and advisory role of the KPPU. The implementation of Good Corporate Governance, objective criteria for “national interest,” and periodic evaluation mechanisms will ensure that state-owned enterprise monopolies function in accordance with the objectives of the welfare state without undermining the competitive environment. A phased implementation model over 10 years recommends normative, institutional, operational, and democratic arrangements to achieve a balance between state intervention and sustainable market mechanisms.
Homologation Decision Against Creditors Who Did Participate in The Peace Agreement (Case Study: Decision Number 993 K/Pdt.Sus Bankruptcy/2019) Deswanta, Andi; Iriantoro, Agung; Ariyamang, Watcharee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Inpress Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1617

Abstract

Homologation decisions in the Debt Payment Obligation Postponement (PKPU) system have universal binding force which creates legal complexity, especially regarding the protection of creditors who do not participate in the peace agreement. This research analyzes the legal force of homologation decisions and protection mechanisms for non-participating creditors based on the Indonesian bankruptcy system through a case study of Supreme Court Decision Number 993 K/Pdt.Sus-Bankruptcy/2019. The research method used is normative legal research with statutory and conceptual approaches. The results showed that the homologation decision has a fundamental position as an instrument of judicial ratification that transforms the peace agreement into a court decision with an executorial title and universal binding force. Its legal legitimacy is obtained through the fulfillment of quorum and majority requirements in Article 281 of the PKPU Law which applies a dual majority requirement system. However, legal protection for non-participating creditors faces significant limitations as the principle of universal binding force creates complex legal implications, ranging from loss of contractual autonomy to changes in the legal status of receivables. Although there is a cassation remedy mechanism available, in judicial practice such protection is limited to procedural aspects with a high threshold for success, so that the Indonesian PKPU system prioritizes the efficiency of collective settlements over the substantive protection of minority creditors

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