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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 152 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.

Page 16 of 16 | Total Record : 152

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