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INDONESIA
Jurnal Smart Hukum (JSH)
Published by PT Inovasi Pratama Internasional
ISSN : -     EISSN : 2961841X     DOI : https://doi.org/10.55299/jsh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 135 Documents
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The Role of Cryptocurrency in Transnational Organized Crime: Legal Challenges and Opportunities for Global Law Enforcement Cooperation Flora, Henny Saida; Maulidiana, Lina; Maulana, Sandrik Puji; Komara, Dadang; Putra, Hendri Darma
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1395

Abstract

The rapid adoption of cryptocurrencies has significantly altered the landscape of transnational organized crime, offering new tools for money laundering, illicit trade, and cross-border value transfer. This qualitative research explores the multifaceted role of cryptocurrencies in facilitating criminal activities across borders, focusing on the legal challenges and opportunities for global law enforcement cooperation. Through systematic analysis of recent case studies, legal frameworks, and policy documents, the study identifies how criminal organizations exploit the anonymity, speed, and decentralized nature of cryptocurrencies to evade detection and prosecution. Key findings highlight persistent barriers such as jurisdictional fragmentation, technological gaps in law enforcement capabilities, and inconsistent regulatory standards across countries. However, the research also uncovers emerging opportunities, including the development of advanced blockchain analytics, harmonization of regulatory approaches (such as the EU’s MiCA regulation), and the formation of international task forces. The study concludes that effective countermeasures require enhanced multilateral cooperation, standardized legal protocols, and continuous capacity building within law enforcement agencies. By addressing these challenges, policymakers and practitioners can better disrupt the financial infrastructure of transnational organized crime in the digital age.
The Implementation of Economic Systems in International Trade and Free Trade in Indonesia from a Justice Perspective Eddie Bachtiar Siagian; Cendy Wenas; Diana R. W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1398

Abstract

This paper discusses the application of the economic system in the Republic of Indonesia within the context of international trade and free trade from the perspective of legal justice, which is, of course, based on Pancasila and the 1945 Constitution (UUD 1945). Considering the abundance of legislative products up to their organic regulations, there has been, normatively, no visible equitable distribution of outcomes, especially in the provinces, cities, and regencies in Indonesia that serve as sources of natural resources. Therefore, this paper becomes significant to present. International trade and free trade, which have been widely recognized for many years, carry a rather proud and somewhat exclusive impression. However, when compared to the implementation of the existing and prevailing laws and regulations, they still appear to be mere spectacles. This study employs a normative juridical method, which emphasizes the analysis of various laws and regulations, as well as academic writings such as theses, dissertations, and journals related to the topic.
A Marxist Analysis of Economic Rights Disputes in Industrial Design: A Case Study of Decision No. 76/Pdt.Sus-Desain Industri/2023/PN.Niaga.Jkt.Pst and Supreme Court Ruling No. 266 K/Pdt.Sus-HKI/2024 on the “Suitcase Generator” Tommy Arnold; Diana R. W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1412

Abstract

The objective of this study is to analyze the industrial design dispute between CV. Rajawali Diesel and Tommy Admadiredja (Decision No. 76/Pdt.Sus-Desain Industri/2023/PN.Niaga.Jkt.Pst) through the lens of Karl Marx’s theory. This case, centered on a claim for damages following the cancellation of an industrial design right, serves as an ideal case study to examine how law functions as a superstructure shaped by the capitalist economic base. The analysis reveals that the Industrial Design Law operates as an instrument to create and protect private property rights (exclusive monopolies), which are foundational to capitalist relations of production. Furthermore, the court’s decision to dismiss CV. Rajawali Diesel’s claim on formal-legal grounds specifically the lack of legal standing demonstrates how the legal superstructure prioritizes legal certainty and formalism essential for capital accumulation, often at the expense of substantive justice for the materially disadvantaged party. This ruling illustrates the ideological function of law, which presents itself as a neutral entity while in reality perpetuating and reproducing the interests of the dominant class by safeguarding market mechanisms and property rights.
Cross-Border Data Flows and State Sovereignty: Balancing Globalization and National Security in the Digital Age Karina, Ica; Korbaffo, Yosef Serano; Nurak, Ronaldus; Bria, Fridus; Taekab, Yosef Kristoforus; Sudirman, Irsyad
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1467

Abstract

The rise of cross-border data flows has transformed global connectivity and economic integration, but it also challenges traditional notions of state sovereignty and national security. This article employs a qualitative research approach to analyze the legal, political, and technological dimensions of cross-border data governance. Focusing on the tension between global digital integration and the imperative to safeguard national interests, the study explores regulatory trends, state responses, and the evolving landscape of digital sovereignty. The findings highlight the need for balanced approaches that protect national security without stifling innovation and international cooperation.
Analysis of Cybercrime as a Negative Impact of Technological and Internet Development in Indonesia Based on Law Number 19 of 2016 from a Criminal Law Perspective (Judge's Decision Study No. 569/Pid.sus/2022/PN.Btm) Ternando, Albi; Dwianggara, Dany; Rahman, Rahman; Indara, Rona; Tatiana, Orid
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1473

Abstract

The rapid development of information and communication technology has brought significant benefits to society, but on the other hand, it has also given rise to various threats, including cybercrime. In Indonesia, the increase in cybercrime cases, such as skimming, has caused major economic losses and threatened the stability of digital security. This study focuses on the factors causing the increase in cybercrime and efforts to prevent it. The research method used is a normative legal approach through a literature review that studies related laws and regulations, including Law No. 11 of 2008 concerning Information and Electronic Transactions which was updated in 2016. The results of the study indicate that the main causes of cybercrime include weak network security, low digital literacy of the community, and limitations in law enforcement. This study recommends strengthening regulations, increasing human resource capacity, and implementing technology-based prevention policies as solutions to combat cybercrime. This study is expected to be a reference for policy makers and legal practitioners in dealing with cybercrime problems in Indonesia effectively.
Legal Study of the Defects in Amendments to the Articles of Association of Limited Liability Companies in Voting at General Meetings of Shareholders Abdullah, Ali; Nadhifa Putri Kinasih
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1305

Abstract

Law Number 40 of 2007 concerning Limited Liability Companies and the Company's Articles of Association The General Meeting of Shareholders (GMS) is the highest organ in a limited liability company that has the authority to decide on various strategic matters, including changes to the articles of association and replacement of members of the Board of Directors and its decisions are based on the quorum of attendance of shareholders. If there is a change to the articles of association, then referring to the GMS, it must meet the requirements of Article 88 of Law Number 40 of 2007 concerning Limited Liability Companies which states that decisions can be taken if the meeting is attended by at least 2/3 (two-thirds) of shareholders with voting rights. The normative legal research method is used to examine the applicable laws and regulations and their application in practice. The results of the study indicate that the judge's decision ignores the provisions of the attendance quorum, but this study found that the judge in deciding and determining the presence of shareholders must be taken unanimously. This has the potential not to provide legal protection and certainty so that it will harm the shareholders in the company.
Penta-Helix Collaboration in Renewable Energy Policy Governance: Evaluating the Role of Non-State Actors in Indonesia's Energy Self-Sufficient Village Program Baan, Bram B
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1533

Abstract

Indonesia's transition towards renewable energy requires comprehensive governance frameworks that engage multiple stakeholders beyond traditional government actors. This study examines the implementation of the penta-helix collaboration model in renewable energy policy governance, with specific focus on non-state actors' roles in the Energy Self-Sufficient Village (Desa Mandiri Energi/DME) program. Using a qualitative research methodology, this investigation analyzes the collaborative dynamics between government, academia, business sector, community, and media in advancing renewable energy initiatives at the village level. The research reveals that non-state actors play crucial roles as policy entrepreneurs, implementers, and sustainability champions within the DME framework. However, challenges persist in coordination mechanisms, resource allocation, and institutional capacity building. The findings demonstrate that effective penta-helix collaboration requires structured governance frameworks, clear role definitions, and sustained political commitment to achieve meaningful renewable energy transformation at the grassroots level. This research contributes to the understanding of multi-stakeholder governance models in energy transition contexts and provides insights for policymakers seeking to enhance collaborative approaches in renewable energy development.
Climate-Induced Displacement and International Human Rights Law: Addressing Legal Gaps in Protecting Environmental Migrants Ginting, Grenaldo; Ginanjar, Seandy; Andi, Andi; Lindawati, Lindawati; Sumilat, Rohyani Rigen Is
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1595

Abstract

Climate change has emerged as a significant driver of human displacement, forcing millions of people to leave their homes due to environmental degradation, extreme weather events, and rising sea levels. This study examines the legal protection gaps facing environmental migrants under international human rights law through a comprehensive qualitative analysis. The research employed document analysis, case study examination, and policy review to investigate how current international legal frameworks fail to adequately protect climate-displaced persons. Key findings reveal that the 1951 Refugee Convention excludes environmental displacement from its protection scope, leaving millions without legal status or rights. The landmark Teitiota v. New Zealand case established important precedent recognizing climate change as a potential trigger for non-refoulement obligations under international human rights law, particularly Article 6 of the International Covenant on Civil and Political Rights. However, significant gaps persist in complementary protection mechanisms, regional frameworks, and national implementation. The study identifies 218 million internal displacements globally due to weather-related disasters between 2013-2023, with an estimated 170 million people potentially displaced by 2050. Legal analysis demonstrates that while international human rights law provides broader protection potential than refugee law, extraterritorial obligations remain unclear and application inconsistent. The research concludes that comprehensive legal reform is urgently needed, including expanded complementary protection mechanisms, clearer non-refoulement obligations for climate displacement, and strengthened regional cooperation frameworks to address this growing humanitarian crisis.
Juridical Analysis of Court Decisions Regarding Civil Lawsuits from a Civil Law Perspective Danialsyah
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.705

Abstract

The role of the head of the district court is to review and consider all requests for enforcement in their court in order to prevent any impediments to the enforcement of court decisions that have already attained permanent legal status. Thus, the objective of this paper is to identify the factors that impede the execution of court decisions with lasting legal effect. The research utilized the descriptive-analytical approach with a normative juridical emphasis. The study revealed that the primary reasons for delayed execution of court decisions with permanent legal force were due to limited availability of executors, budget constraints, opposition by third parties, and judicial review of decisions.<< To overcome the challenges encountered in executing judicial decisions by the Supreme Court of the Republic of Indonesia, it is crucial to train State Civil Servants who are specialized in carrying out their functions effectively through education that is tailored to their role.
Juridical Analysis of Drug Use and Its Implications in Criminal Law Lubis, Muhammad Ridwan
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.706

Abstract

The purpose of this study is to evaluate the effectiveness of legal analysis in addressing drug abuse in law enforcement within Indonesia. Identifying the barriers to law enforcement and rehabilitation for drug offenders and narcotics abusers in the legal system is also a focus. The research employs sociological and juridical research methods, incorporating a social science approach alongside legal analysis. To identify issues in this study, the researcher employed descriptive analysis research methods by detailing the application of punishment and rehabilitation approaches for drug dealers and individuals involved in drug abuse.

Page 10 of 14 | Total Record : 135

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