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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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Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia Napitupulu, Diana R. W.
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.921

Abstract

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained.
The Role of the Consumer Dispute Resolution Agency (BPSK) Regarding Developer Consumer Rights that are Not Fulfilled Rezky Saftiaan; Indah Harlina; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1018

Abstract

The Consumer Dispute Resolution Agency (BPSK) was established as a solution to avoid resolving consumer disputes through general courts. Proceeding in the general court takes a long time and costs a lot of money, whereas resolving consumer disputes requires fast and cheap procedural law. Consumer Dispute Resolution Agency Provisions in Law Number 8 of 1999 concerning consumer protection which strictly regulates consumer rights that consumers have the right to correct, clear and honest information regarding the actual condition and guarantee of goods/services, of course the Consumer Protection Law accommodating legal certainty for consumers to obtain the rights to everything they want or buy, so that legal certainty for consumers if they do not get clear and correct information from developers or business actors for consumers who buy a house or place to live can be guaranteed if their rights their rights are not fulfilled .
Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law Mellan Noviani; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1023

Abstract

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship.
The Development of Indonesian Marriage Law in Contemporary Era Surahmi, Mila; Husin, Zaimah; Umar, Nurifana; Fatmawati; Yuliana, Tora
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1041

Abstract

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.
This Study Examines the Impact of Campaign Finance Restrictions on Electoral Transparency and Integrity in ASEAN Countries Arifin, Firdaus
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1079

Abstract

The transparency and integrity of electoral processes are of paramount importance for the health of a democracy. They prevent corruption and ensure fairness. Many ASEAN countries have implemented strict campaign finance regulations with the aim of enhancing transparency and reducing financial influence in politics. However, the effectiveness of these policies depends on the existence of appropriate oversight mechanisms and the specific characteristics of the local political context. This research examines the impact of campaign finance restrictions on electoral transparency in ASEAN, identifies challenges, and highlights effective practices. It also offers recommendations for policy improvements. This research employs a comparative methodology and thematic analysis to examine the similarities and differences in campaign finance restrictions across the Association of Southeast Asian Nations (ASEAN). It utilises data from documents to identify policy patterns and impacts. This research examines the impact of campaign finance restrictions in ASEAN, offering new insights and data on the influence of such regulations on electoral outcomes. It also provides recommendations for enhancing transparency and integrity in elections. This article examines the efficacy of campaign finance restrictions in enhancing electoral transparency and integrity in Indonesia. The findings indicate that, despite the restrictions' objective of curbing undue influence in the electoral process, their implementation continues to encounter substantial obstacles, including inadequate oversight and a dearth of information disclosure. The research underscores the necessity for regulatory reform and the fortification of oversight mechanisms as pivotal strategies to attain elections that are more equitable and transparent.
The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges Mufty, Abdul Malik; Suhendar; Hasnia, Hasnia; Insani, Nursolihi; Rusyani, Herlin
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1082

Abstract

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.
The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives Karina, Ica
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1083

Abstract

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.
Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee Arifardhani, Yoyo; Jum Anggriani; Silvia Dantyana
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1087

Abstract

Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing credit, banks apply the principle of "5C" which is mainly to see the customer's ability to accept the credit applied for. If the debtor defaults so that problematic credit occurs, then they can file for the execution of the Mortgage Guarantee if the collateral is in the form of land or buildings for the implementation of the SKMHT along with the APHT by a Notary. The purpose of this study was to determine the regulations for debtors who are in default in credit agreements with the imposition of Mortgage Rights and legal protection for creditors in the event that the debtor is in default. By using normative-empirical research methods, data collection techniques in the form of primary data by interviewing informants as informants and secondary data in the form of documents related to the problems studied to obtain conclusions if the debtor defaults in a credit agreement with the imposition of Mortgage Rights, based on the regulations of Law No. 4 of 1996 concerning Mortgage Rights, it states that the imposition is carried out by making a credit agreement first, then the imposition of mortgage rights and registration of the Deed of Granting Mortgage Rights with a predetermined time limit. So that there is legal protection for creditors so that the debtor's debt repayment can be carried out in accordance with the provisions of the Mortgage Law concerning the creditor's right to sell the object of the mortgage right
Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy Abdullah, Ali; Jum Anggriani; Yongky Putut Angki Anata
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1088

Abstract

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the transfer of workers' wage payment obligations from a bankrupt company to other parties, such as a third party or a replacement company. The methodology of this study uses a qualitative approach with case studies of several companies that are bankrupt. Data were collected through literature reviews, interviews with legal practitioners, and analysis of applicable laws and regulations. The findings of this study indicate that responsibility in the transfer of workers' wages depends not only on existing legal provisions, but also on the agreement between the parties involved in the bankruptcy process. The results of this study reveal that in practice, the transfer of responsibility for workers' wages often creates uncertainty for workers, especially in terms of certainty of payment. Recommendations provided include the need for clearer regulations regarding the transfer of wage obligations, as well as increasing legal protection for workers affected by company bankruptcy.
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ambarsari, Ningrum; Miharja, Marjan; Neununy, Dolfries Jakop
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.

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