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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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Implications for the Power of Attorney to Sell Deed Made by a Notary Due to Inaccuracy Samosir, Tetti; Indah Harlina; Vicky
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.v3i2.1090

Abstract

The role of a notary is crucial in facilitating legal certainty and protection for the community. In civil law, notaries hold a highly strategic position as their profession deals with fundamental and critical issues in every legal action, particularly within civil law. The public, both as subjects and objects of legal transactions, bear significant burdens regarding legal administration. Violations by notaries can be classified as breaches of professional ethics or breaches of the law, with consequences that may include civil liabilities (compensation), criminal penalties (imprisonment and fines), and administrative sanctions (dismissal from office). Every unlawful action causing harm to others must be accounted for by the perpetrator. In criminal law theory, offenses are categorized into intentional and negligent acts. Any action causing undue harm and violating the law constitutes an illegal act. This study analyzes the juridical implications of drafting a power of attorney for sale from normative and case-based perspectives. The research revealed that a notary's failure to conduct adequate checks on document legality for a Power of Attorney for Sale resulted in unlawful actions that harmed legitimate parties, leading to material losses.
Legal Protection of Indonesian Workers on Japan on the Perspective of Human Rights and Pancasila Values Franciscus Xaverius Wartoyo; Batubara, Aznina Lembayung; Harjono, Evy; Maghribi, Genta
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.v3i1.1099

Abstract

In the 21st century, the phenomenon of labor migration is becoming increasingly significant globally. Japan has become one of the main destinations for Indonesian workers. However, legal protection for them in Japan is still a major concern. This study provides an in-depth insight into the challenges faced by Indonesian workers in Japan in obtaining adequate legal protection. Using a qualitative approach and text analysis, this research uncovers important aspects of legal protection for Indonesian workers in Japan. The findings highlight the need for an evaluation of the effectiveness of the legal protection provided, as well as an emphasis on its relation to the principles of human rights and the values of Pancasila. The legal protection provided should be in line with human rights principles, such as the rights to justice, equality and humanity. As a country based on Pancasila values, the practice of legal protection for Indonesian workers in Japan must also be consistent with Pancasila values, such as social justice, unity, and humanity. The recommendations from this research can serve as a foundation for improving the legal protection system for Indonesian workers in Japan, with the ultimate goal of improving their welfare and ensuring that their rights are properly recognized, respected and protected. As such, this research not only provides a better understanding of the challenges faced by Indonesian workers in Japan, but also offers directions that can be taken to improve their conditions in the future.
The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia Baan, Bram B; Ginting, Grenaldo; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
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.v3i2.1116

Abstract

The realisation of human rights constitutes a crucial element in the establishment of social justice and the safeguarding of individual dignity. In Indonesia, legal policies pertaining to human rights have evolved since the advent of the reform era, with the advent of numerous regulations and the establishment of institutions dedicated to the protection of human rights. This research employs a literature study method to analyze the impact of legal policies on human rights enforcement in Indonesia. The study analyzes relevant regulations, legal precedents, and academic literature to identify challenges and opportunities in the implementation of human rights policies. The findings reveal that, although Indonesia has witnessed significant advancements in the legislative realm, persistent challenges persist in ensuring consistent policy implementation. These obstacles encompass deficiencies in law enforcement, shortcomings in institutional competence, and the influence of political dynamics upon policy implementation. Hence, enhancements in legal governance and the fortification of human rights institutions are indispensable to guarantee the effective enforcement of human rights in Indonesia.
Analysis of the Role of Law in Environmental Dispute Resolution: A Case Study in Urban Areas Karina, Ica; Polii, Johanis L. S. S.; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
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.v3i2.1117

Abstract

The objective of this research project is to conduct an in-depth examination of the role of law in environmental dispute resolution within the context of urban Yogyakarta. By employing a qualitative methodology, this study examines the factors affecting the implementation of environmental legislation and the efficacy of legal instruments in addressing disputes. This study seeks to elucidate the role of law in environmental dispute resolution in Yogyakarta, examine the obstacles and impediments encountered in the implementation of environmental law, and analyse the efficaciousness of the existing dispute resolution mechanisms. To this end, it employs qualitative methods, with a particular focus on primary data obtained through observation, interviews, and documentation. The findings demonstrate that, despite an adequate legal framework, the efficacy of environmental dispute resolution is constrained by challenges inherent in law enforcement, public awareness, and economic considerations.
Development Law in the Context of Legal Theory and Philosophy: Challenges and Opportunities Toward Social Justice Karina, Ica
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.v3i2.1152

Abstract

This research project is an in-depth analysis of legal theory and philosophy in the context of the concept of development law. An understanding of how law functions as an instrument of social justice is crucial to this analysis. This research employs the literature study method to collect, distill, and interpret a range of academic sources pertaining to development law, social justice theory, and philosophical approaches that inform our understanding of justice in development. From a theoretical standpoint, this study draws upon relevant theories that emphasize equality of opportunity and resource distribution as a prerequisite for social justice. These theories are useful in emphasizing the importance of legislation that is capable of guaranteeing equal access and fair distribution. Furthermore, progressive legal theory and responsive legal thinking are investigated to ascertain how development law can serve as a dynamic instrument of change in alignment with social, cultural, and economic transformations. The findings of this research are anticipated to offer insight into how development law is not merely a collection of regulations but also an active instrument in fostering a more just and inclusive society. By incorporating aspects of social justice into development law, the prospect of realizing sustainable and balanced development is enhanced.
Binding Sale and Purchase Agreement and Power of Attorney Over Land in the Perspective of the Principle of Horizontal Separation Napitupulu, Diana R. W.
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.v3i2.1153

Abstract

This study explores the application of the horizontal separation principle in land ownership and transfer in Indonesia, focusing on the Binding Sale and Purchase Agreement (PPJB) and the power of attorney in land transactions. The horizontal separation principle, derived from customary law, ensures that land ownership does not automatically include ownership of buildings or plants on the land. This research examines how this principle affects legal processes related to land rights transfers and the challenges it poses in the context of sale and purchase agreements. By analyzing legal documents, court rulings, and relevant literature, the study identifies key issues such as ambiguous ownership rights and procedural complications that arise from the separation principle. The findings highlight the need for legal clarity and reform to enhance property rights protection and dispute resolution effectiveness in Indonesia's land law system.
Land Case Mediation at BPN as a Form of National Land Law Development Br Sembiring, Novira
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.v3i2.1186

Abstract

One of the most significant obstacles to the advancement of national land legislation is the resolution of land disputes. This article seeks to analyze the role that mediation plays as a means of resolving land disputes when implemented by the National Land Agency (BPN), with the aim of supporting the development of a more just and sustainable land law. This research employs a qualitative methodology, with the analysis of data pertaining to mediation cases administered by the BPN in multiple regions. The findings indicate that mediation proves an effective method of resolving land-related disputes through a peaceful resolution, despite the existence of obstacles, namely the low level of participation by some parties and the restricted resources of the BPN itself. The study ultimately concludes that, with the implementation of more robust policies and the enhancement of institutional capabilities, mediation has the potential to provide substantial support in the advancement of national land law development.
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era Simamora, Pinta N. S.; Ginting, Grenaldo; Rantung, Cindy Mariam Magdalena; Kaunang, Pingkan Dewi; Dewi, Putri Maha
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1272

Abstract

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.
Harmonization of Health Law Number 17 of 2023 with the Legal Status of Hospitals as Legal Entities Abdillah, Zaini; Ruslina, Elli; Azalia, Miliani; Pramulita, Ni Kadek Ayu; Wiguna, Andri
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1284

Abstract

Based on Law Number 17 of 2023 concerning Health, it is stated that a hospital is a health service facility that provides comprehensive individual health services through promotive, preventive, curative, rehabilitative, and/or palliative health services by providing inpatient, outpatient, and emergency services. Referring to the provisions contained in Law Number 17 of 2023 concerning Health, hospitals can be organized by the central government, regional governments, or the community. Hospitals organized by the central government or regional governments in providing health services can apply the financial management pattern of public service agencies in accordance with the provisions of laws and regulations. In contrast, hospitals established by the community must be in the form of a legal entity whose business activities are only engaged in health services, except for hospitals organized by non-profit legal entities.

Page 13 of 14 | Total Record : 135

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