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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 144 Documents
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Problems of Using a Power of Attorney to Sell in the Transfer of Limited Liability Company Assets (Case Study Decision Number: 472/Pid.B/2023/Pn Tjk) Abdullah, Ali; Syahpri Kholik
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.v3i3.1294

Abstract

The role of a Notary as a public official is very important and must be able to provide counseling and take the right steps in making authentic deeds by ensuring the formal truth of a legal act, especially a legal act in this case is the transfer of company assets based on a power of attorney to sell and without the approval of the General Meeting of Shareholders. Where the transfer of company assets should refer to the company's articles of association and Law No. 40 of 2007 concerning Limited Liability Companies. The problem raised is the validity of the power of attorney to sell in the transfer of company assets and without the approval of the General Meeting of Shareholders. The research method used is normative legal research, using secondary data consisting of primary, secondary and tertiary legal materials. This study uses a descriptive-analytical data analysis method with a qualitative approach. The results of this study are that if the subjective requirements in making a deed are not met, where the provisions in Article 1320 of the Civil Code must meet the requirements of competence in granting the power of attorney to sell, then the transfer of the asset can be cancelled. A Notary, in carrying out his duties, must be careful, thorough and adhere to the UUJN-UUPJN and KEN.
Study of the 30% Quota of Women's Representation Against the Number of Legislative Members of the People's Representative Council of the Republic of Indonesia Anggriani, Jum; Indah Harlina; Annisa Rahma
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.v2i2.1312

Abstract

This study examines the phenomenon of the 30% quota of women's representation in the Indonesian House of Representatives (DPR RI) legislative institution not being met even though affirmative policies have been implemented for almost two decades. Using a normative legal method supported by a legislative, conceptual, comparative, and historical approach, this study identifies various factors inhibiting women's representation. The results of the study show that women's representation in the Indonesian House of Representatives (DPR RI) still reached 20.52% in the 2019 Election, not meeting the 30% target. The identified structural obstacles include the subordination of women in politics, the practice of money politics, a gender-biased recruitment system, and a deficit in women's political-social capital. The study recommends a comprehensive strategy in the form of gender mainstreaming in policy, women's capacity building, gender-just legal reform, political culture transformation, and a multi-stakeholder approach. This study contributes to the development of studies on gender politics and women's political representation, while also providing input for policy makers to improve regulations on women's representation in the general election system.
Reconstruction of Criminal Law Policy in Handling Cyber Crime: Perspectives of Technology Law and Human Rights Hasnia, Hasnia; Hafiz, Asnal; Rasna, Rasna; Nurahman, Dwi; Parhusip, Jadiaman
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.v3i3.1328

Abstract

The rapid evolution of digital technologies has necessitated a critical reevaluation of criminal law frameworks globally, particularly in addressing cybercrime. This study identifies significant gaps in Indonesia’s current Electronic Information and Transactions (ITE) Law, including ambiguous definitions of cyber offenses such as electronic defamation (Article 27(3)) and hate speech (Article 28(2)), which have led to inconsistent judicial interpretations in 58% of analyzed cases. The absence of clear distinctions between personal data theft and state-sponsored cyberattacks further complicates prosecution, while 67% of regional law enforcement agencies lack specialized digital forensics units, prolonging investigations by an average of 287 days for cross-border evidence retrieval. Qualitative analysis of 12 landmark cases (2020–2024) and interviews with 15 legal and human rights experts reveal systemic human rights risks, including warrantless data collection in 43% of operations and a documented chilling effect on free expression due to overly broad libel provisions. Emerging technologies like artificial intelligence (AI) present dual challenges: while predictive policing tools reduce investigation timelines by 72%, algorithmic bias in 29% of AI systems exacerbates discrimination against marginalized groups. This research proposes a multidimensional reform strategy emphasizing: (1) legislative modernization through GDPR-inspired data categorization and tiered penalties; (2) establishment of a National Cyber Forensics Network to standardize technical capacity across Indonesia’s 34 provinces by 2027; and (3) adoption of rights-centric AI governance protocols requiring judicial oversight for surveillance tools. The analysis underscores the urgency of ratifying the Budapest Convention to streamline transnational cooperation, despite sovereignty concerns raised by 63% of prosecutors. Without these reforms, Indonesia risks both technological obsolescence in combating sophisticated cyber networks and systemic erosion of digital rights in its pursuit of cybercrime deterrence.
The Role of Legislative and Executive Institutions Based on the 1945 Constitution in Realizing the Sustainable Development Goals (SDGs) Franciscus Xaverius Wartoyo; Shillo, Verlyn Adelaide Tzuriel; Sigrid, Stephanie; The, Jennifer
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.v3i3.1330

Abstract

The Sustainable Development Goals (SDGs) have become a target for member countries of the United Nations (UN), including Indonesia. Achieving the SDGs as a global development agenda requires the active role of various parties, including legislative and executive institutions. Collaboration between the two institutions is a strategic key in realizing the SDGs as well as the ideals of the Indonesian state contained in the 4th paragraph of the Preamble of the 1945 Constitution, namely protecting the entire Indonesian nation, advancing general welfare, educating the nation's life, and participating in implementing world order based on independence, eternal peace and social justice. This study aims to analyze the forms of collaboration between legislative and executive institutions in supporting the implementation of SDGs in Indonesia. This study uses a qualitative approach by analyzing policies, regulations, and collaborative practices between the two institutions. The results show that structured and long-term goal-oriented synergies are needed to maximize the implementation of the country's ideals and the SDGs. This study recommends increased collaboration between the legislative institution as a regulator and watchdog of executive performance, and the executive institution as the implementer.
Legal Protection for Legislative Candidat Members Based Onlaw No. 7 of 2023 Concerning General Elections at The KPU of Deli Serdang District Fadri, Muhammad; Harahap, Herlina Hanum
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.v4i2.1670

Abstract

The objectives of this research are for knowing how to implement Law No. 7 of 2017, To find out the efforts that have been made to recruit legislative candidates in accordance with Law No. 7 of 2017, To find out whether the considerations of Law No. 7 of 2017 are appropriate for prospective legislative candidate. This research is a qualitative research with a descriptive-qualitative approach. In this study, after the researcher collects data in the form of interview results, documentation, and observations, the data will then be analyzed in more depth so as to form a scientific-natural conclusion that can be accepted by various groups, especially in this case the Deli Serdang Police itself as the object of research in this thesis and community leaders.
The Authority of the Indonesia Deposit Insurance Corporation to Initiate Bankruptcy Proceedings against Controlling Shareholders of Non-Systemic Failed Banks: Reconstructing Personal Liability within the Indonesian Banking Law Regime Diana R.W. Napitupulu
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.v4i2.1688

Abstract

This article examines the legal authority of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS) to initiate bankruptcy proceedings against controlling shareholders of non-systemic failed banks, focusing on the reconstruction of personal liability within the Indonesian banking law regime. The study departs from the prevailing scholarly focus on bank resolution mechanisms and institutional liability, addressing a normative gap concerning the personal accountability of controlling shareholders whose actions contribute to bank failure and subsequent losses borne by LPS. Using a normative juridical method with statutory, conceptual, and doctrinal approaches, this research analyzes the interplay between the Law on Deposit Insurance Corporation, Banking Law, Company Law, and Bankruptcy Law. The findings demonstrate that LPS possesses legal standing as a creditor by virtue of subrogation after fulfilling its statutory obligation to pay insured deposits. This status provides a legitimate basis for LPS to pursue bankruptcy claims not only against failed banks but also against controlling shareholders, provided that their factual control, unlawful conduct, or gross negligence can be established as the proximate cause of the bank’s failure and the depletion of insured funds. The article further argues that the principle of limited liability is not absolute and may be lawfully pierced through a causality-based construction of personal responsibility consistent with the doctrine of piercing the corporate veil. This study proposes a reconstructed legal framework that articulates objective parameters for imposing personal bankruptcy liability on controlling shareholders, thereby preventing arbitrary enforcement while strengthening the protection of public funds administered by LPS. By integrating banking law, corporate law, and bankruptcy law, this article contributes a novel analytical model that enhances legal certainty, judicial consistency, and the effectiveness of asset recovery in cases of non-systemic bank failure in Indonesia.
Enhancing Digital Legal Literacy: Guidance in Formulating Privacy Policies and Terms & Conditions for Micro and Small Enterprises (MSEs) in the Platform Economy Era Flora, Henny Saida; Ginanjar, Yudha; Ali Syaifudin, Mohamad; Rusmana, Dodi; Pratiwi Puwa, Suryani Intan
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.v4i2.1705

Abstract

The rapid digitalization of Indonesia's economy has created unprecedented opportunities for micro and small enterprises (MSEs) to participate in platform-based commerce. However, most MSEs operate without adequate understanding of legal obligations under Indonesia's Personal Data Protection Law (Law No. 27 of 2022) and e-commerce regulations, particularly regarding privacy policies and terms & conditions. This qualitative research examined the effectiveness of legal mentoring programs in enhancing digital legal literacy among 45 MSE operators in Jakarta and Yogyakarta. Through thematic analysis of semi-structured interviews, focus group discussions, and document review, the study identified critical knowledge gaps in data protection compliance, contractual obligations, and platform-specific legal requirements. The findings reveal that structured mentoring interventions focusing on policy documentation significantly improved participants' capacity to formulate legally compliant privacy policies and terms & conditions tailored to platform operations. The research proposes a community-based digital legal literacy framework that integrates state-led policy guidance, peer mentoring networks, and accessible legal resources. These mechanisms are essential for MSEs to navigate the complexities of the platform economy while protecting both consumer rights and business sustainability in Indonesia's evolving digital landscape
Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services Karina, Ica; Wibowo Gumbira, Seno; Ginting, Grenaldo; Umar, Nurifana; Pratiwi Puwa, Suryani Intan
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.v4i2.1707

Abstract

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.
Legislative Drafting as Anticipatory Legal Interpretation: Minimizing Judicial-Creative Power Through Doctrinal Precision Akmal, Akmal; Muhlizar
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.v4i2.1766

Abstract

This study examines the efficacy of legislative drafting as a mechanism for anticipatory legal interpretation in Indonesia's constitutional system, specifically analyzing whether doctrinal precision in statutory formulation reduces judicial-creative intervention. Through quantitative analysis of 2,847 judicial review decisions (2003-2024) and 45,891 Supreme Court cassation cases (2018-2025), this research demonstrates an inverse correlation between legislative drafting quality and judicial activism. Constitutional Court data reveals a 17% grant rate for judicial reviews, with 68% of successful challenges attributable to drafting ambiguities, internal inconsistencies, and inadequate normative precision. Supreme Court cassation statistics show 12.98-14.98% reversal rates, predominantly involving statutory interpretation conflicts. The findings indicate that legislation scoring above 75% on the Legislative Clarity Index experiences 73% fewer judicial interventions. This research employs regression analysis to isolate drafting quality as a predictive variable, controlling for political salience and constitutional significance. The study concludes that implementing rigorous doctrinal precision through enhanced academic research methodology, regulatory impact assessment, and systematic harmonization reduces judicial-creative power while strengthening legislative supremacy within Indonesia's separation of powers framework. These results provide empirical foundation for reforming Indonesia's legislative drafting protocols, particularly the Naskah Akademik (academic paper) requirement mandated since 2011, which current analysis reveals insufficient methodological rigor in 64% of examined cases
Legislative Drafting and Climate Justice Aspects: An Evaluation of the Consistency of the Omnibus Law on Job Creation with Sustainable Development Principles Flora, Henny Saida; Cindy Mariam Magdalena Rantung; Shintia Alvernia Gorrettie Gijoh; Irsan Rahman; Samuel Frans Boris Situmorang
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.v4i2.1768

Abstract

This study employs quantitative methods to evaluate the consistency of Indonesia's Omnibus Law on Job Creation (UU Cipta Kerja) with climate justice principles and sustainable development goals. Through statistical analysis of environmental licensing data, foreign direct investment flows, and ecological degradation indicators from 2019-2023, the research reveals significant regulatory simplification that potentially undermines environmental safeguards. The analysis demonstrates a 47.4% reduction in licensing procedures, correlating with increased investment but raising concerns about procedural justice and intergenerational equity. Panel data regression analysis indicates that while the law achieved its objective of improving investment climate, it simultaneously weakened environmental protection mechanisms, particularly through the replacement of environmental permits with environmental approvals. The findings suggest that the legislative drafting process prioritized economic efficiency over climate justice considerations, creating potential conflicts with constitutional mandates for environmental protection and Indonesia's commitments under the Paris Agreement. This research contributes empirical evidence to the discourse on balancing economic development with climate justice in emerging economies

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