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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 189 Documents
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Analysis of Legal Solutions for Bankruptcy Companies Due to Cancellation of Homologation to Avoid Asset Settlement (Study in Indonesia) Herdi Munte; Fridolin Siahaan; Song Tinus
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1895

Abstract

Cancellation of homologationThe Debt Suspension of Payment (PKPU) process carries serious legal consequences for companies, namely the declaration of bankruptcy and the imposition of asset liquidation. In many cases, companies that actually still have economic potential are forced to lose all their assets due to rigid legal mechanisms with no room for improvement. This study aims to examine legal solutions so that companies experiencing bankruptcy due to the cancellation of homologation are not immediately liquidated, but can instead be given the opportunity for further restructuring. The method used is normative legal research with a statutory regulatory approach, case studies, and comparative law. The results show that the Indonesian legal system does not yet provide legal space for post-bankruptcy reorganization schemes, unlike systems in other countries such as the United States and Japan. This study recommends regulatory reform of the Bankruptcy Law to open up post-bankruptcy restructuring options and protection for companies that still have business prospects
Legal Liability of AI-Based Digital Agreements in Indonesian Contract Law Muhammad Karim Benzema; Diky Dikrurahman
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1916

Abstract

The increasing use of Artificial Intelligence (AI) in digital transactions has transformed the mechanism of contract formation within contemporary commercial activities. AI systems are currently capable of drafting contractual clauses, processing transactional data, and generating automated agreements with minimal human intervention. Such developments raise legal issues concerning contractual validity, legal consent, and the allocation of liability when losses arise from AI-assisted contractual processes. This study examines the construction of legal liability in AI-based digital agreements within the Indonesian legal system. The research employed a normative juridical method using statutory, conceptual, comparative, and analytical approaches. The findings indicate that AI-based digital agreements remain subject to the fundamental principles of Indonesian contract law, particularly the validity requirements stipulated under Article 1320 of the Civil Code, the principle of freedom of contract, and good faith. Indonesian law nevertheless does not recognize Artificial Intelligence as an independent legal subject capable of bearing direct legal responsibility. Liability therefore remains attached to parties exercising control, supervision, operation, or economic benefit from the use of AI systems, including business actors, developers, and electronic system providers. The study further identifies a normative gap within Indonesian positive law concerning AI governance, transparency obligations, and allocation of liability in automated contractual relations. This condition potentially creates legal uncertainty and weakens legal protection for parties involved in AI-assisted transactions. The study offers an integrated liability framework capable of addressing legal uncertainty arising from AI-assisted contractual systems within Indonesian contract law.
Authority Fragmentation Within Sentra Gakkumdu and Its Impact on The Effectiveness of Electoral Criminal Law Enforcement in Indonesia La Radi Eno
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1632

Abstract

The enforcement of electoral criminal offenses constitutes an integral component of the electoral justice system, serving to safeguard the integrity of electoral processes, protect citizens’ political rights, and strengthen democratic legitimacy based on the principles of justice, legal certainty, and political equality. However, the Integrated Law Enforcement Center (Sentra Gakkumdu), which consists of the General Election Supervisory Agency (Bawaslu), the Indonesian National Police, and the Public Prosecution Service, has not yet fully succeeded in establishing an integrated system for the enforcement of electoral criminal law. This study aims to analyze the factors contributing to the fragmentation of authority within Sentra Gakkumdu and to formulate an ideal institutional model for enhancing the effectiveness of electoral criminal law enforcement based on the principle of electoral justice. This research employs a normative legal research method using statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through descriptive-analytical and prescriptive methods to develop a legal framework relevant to the issues under examination. The findings reveal that the authority structure of Sentra Gakkumdu remains predominantly coordinative rather than integrative, resulting in fragmentation across normative, institutional, evidentiary, and decision-making dimensions. Such fragmentation has contributed to legal uncertainty, procedural inefficiencies, and the suboptimal enforcement of electoral criminal offenses. This study proposes the reconstruction of an Integrated Electoral Criminal Justice System (IECJS) that integrates supervisory, investigative, and prosecutorial functions through the harmonization of authority, the unification of evidentiary standards, and the establishment of an effective mechanism for resolving institutional conflicts. The proposed model is expected to enhance the effectiveness of electoral criminal law enforcement while promoting electoral justice and preserving democratic integrity in Indonesia.
Copyright Protection Of Wayang Kulit Digital Transformation Ketut Sudadnyana; Putu Ayu Sriasih Wesna; I Wayan Rideng
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1864

Abstract

This study investigates copyright protection in the digital transformation of Wayang Kulit as a traditional cultural expression within the Indonesian legal system. It specifically addresses the normative ambiguity surrounding the recognition of transformed works under Article 40(1)(n) of the Copyright Law. Employing a normative legal research design with statutory and conceptual approaches, the study critically examines whether digital reinterpretations such as animation, digital illustration, and interactive media, qualify as independently protected works. The analysis demonstrates that, although the law formally acknowledges transformative creations, it fails to provide clear criteria regarding the threshold of originality and the extent of permissible modification. This regulatory gap generates legal uncertainty in determining authorship, ownership, and the scope of protection, particularly when communal cultural elements intersect with individual creativity. The novelty of this research lies in its focused examination of Wayang Kulit as an intangible cultural heritage undergoing digital recontextualization, integrating doctrinal legal analysis with cultural considerations. The findings suggest that without clearer interpretative guidance and regulatory refinement, copyright law risks inadequately protecting both traditional cultural values and contemporary creative contributions. Accordingly, this study concludes that a more adaptive and coherent legal framework is required to balance communal rights and individual interests in the digital era. Future research should explore comparative legal models and develop context-sensitive approaches to governing cultural transformations in digital environments.
Evaluation Analysis of the Implementation of the Principle of Legality in Indonesian State Administrative Law: A Case Study of the Revocation of Mining Business Permits PT Beri Mineral Utama in Aceh Jum Anggriani; Muhammad Chaerul Ichsan
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1870

Abstract

This study analyzes the application of the legality principle in the revocation of PT Beri Mineral Utama's Mining Business License in Aceh using a normative juridical approach. The research focuses on evaluating three dimensions of the legality principle: authority, procedure, and substance. Analysis of legal documents and interviews with experts revealed significant non-compliance with the legality principle, with the Governor of Aceh committing ultra vires acts, ignoring the legally mandated written warning procedure, and basing the revocation on outdated grounds. The court ruling overturning the permit revocation underscores the importance of a strict interpretation of the legality principle in burdensome administrative actions. This non-compliance not only has legal implications but also has significant socio-economic consequences, including mass layoffs and reduced regional revenues. This study contributes to the development of an analytical framework for comprehensively evaluating the application of the legality principle and recommends a more adaptive and equitable reconstruction of its implementation. This case underscores the urgency of strengthening institutional capacity in mining management and the importance of balancing legal certainty with considerations of community welfare.
Trademark Squatting: A Fraudulent Strategy in Trademark Claims Yoyo Arifardhani; Maimun
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1873

Abstract

Trademark squatting is a legal phenomenon that is increasingly prevalent in line with the development of the global business world, where certain parties register unregistered trademarks belonging to others with the aim of obtaining illegitimate profits. This study aims to examine and analyze the concept of trademark squatting in the Indonesian trademark legal system, identify regulatory weaknesses that allow this practice to occur, and formulate ideal legal protection measures for brand owners who become victims. The research method used is normative juridical with a statute approach, a conceptual approach, and a case approach. The results show that trademark squatting in Indonesia is facilitated by loopholes in the first-to-file registration system adopted by Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Although there are protection mechanisms through the concepts of bad faith and well-known trademarks, their implementation in the field still faces various obstacles. Reconstruction of the trademark registration system based on actual use and strengthening substantive examinations by the Directorate General of Intellectual Property are key to preventing trademark squatting in the future.
Algorithmic Bias in Artificial Intelligence as A Threat to The Right to Equality Bagus Gede Ari Rama; Kadek Julia Mahadewi; Dewa Krisna Prasada
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1898

Abstract

its potential to generate digital discrimination that undermines the principle of equality before the law in Indonesia. While AI is widely adopted to enhance data-driven decision-making across various sectors, its outputs are not inherently neutral, as they are shaped by training data and algorithmic design. This condition raises concerns regarding unfair treatment of individuals or groups, which may conflict with constitutional guarantees of equality and non-discrimination under the 1945 Constitution of the Republic of Indonesia and Law No. 39 of 1999 on Human Rights. Using a normative legal research method with statutory and conceptual approaches, this study analyzes relevant legal frameworks governing AI and human rights protection in Indonesia. The findings show that existing regulations, including provisions on electronic system governance and personal data protection, remain general and insufficient to address the complexity of algorithmic bias. Accordingly, this study argues for strengthening the legal framework through the adoption of algorithmic transparency requirements, mandatory bias testing in AI development, and the establishment of independent auditing mechanisms. These measures are necessary to ensure that AI systems operate fairly, accountably, and in alignment with human rights principles, particularly the protection of equality before the law.
A Pancasila as a Critique of Legal Positivism in National Lawmaking Ni Putu Ega Maha Wiryanthi; Putu Wahyu Widiartana; Dominikus Rato; Fendi Setyawan
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1912

Abstract

Legal positivism has contributed to legal certainty in Indonesia, but its dominance in national lawmaking may reduce law to formal legality and procedural validity. This article examines Pancasila as a philosophical critique of legal positivism in the formation of national law. The study employs normative legal research, drawing on philosophical, conceptual, and statutory approaches. The analysis shows that Pancasila should not be treated merely as an ideological symbol or a formal source of legal validity. Rather, it functions as a substantive evaluative standard for testing whether legislation reflects human dignity, democratic participation, social justice, national unity, and moral responsibility. The novelty of this article lies in treating Pancasila not only as the source of all sources of law, but also as a critical framework for correcting legal formalism in legislative practice. In the future, national lawmaking needs to balance legal certainty with substantive justice so that positive law remains rooted in the philosophical ideals of Pancasila.
Legal Protection in Unauthorized Commercial Restaurant Lease Transfers I Gusti Ngurah Darma Putra; Ni Luh Made Mahendrawati; Ni Komang Arini Styawati
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1940

Abstract

Unauthorized transfers of commercial restaurant lease rights frequentlycreate legal disputes concerning legal certainty, contractual obligations, and the protection of property owners’ rights. This study examines thelegal protection available in unauthorized commercial restaurant leasetransfers and analyzes the legal consequences arising from leasetransfers conducted without the owner’s consent under Indonesian contract law. The research employs an empirical legal method usingstatutory, conceptual, case study, and socio-legal approaches. Legal materials and empirical findings were analyzed descriptively andqualitatively based on the Indonesian Civil Code, particularly Articles1338, 1548, and 1559. The findings reveal that unauthorized leasetransfers constitute a breach of contract and create legal uncertainty dueto the absence of direct contractual relationships between propertyowners and third parties. Such practices may result in financial losses, loss of control over commercial assets, and prolonged legal disputesaffecting business stability and investment security. The novelty of thisstudy lies in its focus on commercial restaurant lease transfers within thehospitality sector, emphasizing the intersection between contractuallegality, property protection, and commercial business continuity. The study concludes that stronger legal protection is necessary throughexplicit contractual clauses, mandatory written consent, and clearerregulatory frameworks to ensure balanced rights and obligationsbetween parties. Future research is recommended to explorecomparative regulations on commercial lease transfers and alternativedispute resolution mechanisms in international business practices.
The Legal Status of Digital Wills as Objects of Notarial Deeds within the National Legal System Putu Bagus Arya Krisna; Ni Luh Made Mahendrawati; I Nyoman Alit Puspadma
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1944

Abstract

The development of information technology has changed how individuals express, store, and prove their final testamentary intention. In the Indonesian national legal system, this development raises a concrete legal issue because the Civil Code still places wills within strict testamentary formalities, while the Electronic Information and Transactions Law recognizes electronic information and electronic documents as lawful evidence. This article examines the position of digital wills as objects of notarial deeds in the national legal system by focusing on two issues: the validity of wills in digital form and the authority of notaries to receive digital wills for deposit. This research uses normative legal research with statutory and conceptual approaches. The analysis shows that a digital will, including a voice recording, cannot independently be treated as a valid will because it does not yet satisfy the formal requirements of Indonesian civil inheritance law. Nevertheless, a voice recording may serve as evidence of animus testandi if its authenticity, integrity, time of creation, and connection with the testator can be proven. A notary may receive a digital medium as an object of deposit and may formalize the testator's intention into an authentic deed, but may not legalize the digital recording as a new form of will outside the law. The article argues that the safest construction is to position digital records as sources of testamentary intention, not as substitutes for notarial deeds.

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