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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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Mediation Implementation in Inheritance Dispute Resolution: A Study of The Sibuhuan Religious Court Under Supreme Court Regulation No. 1 of 2016 Akmal Marzuki Daulay; Muhlizar; Zuhri Arif
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2043

Abstract

This study examines the implementation of mediation in resolving inheritance disputes at the Sibuhuan Religious Court under Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Court Mediation Procedures. Inheritance disputes frequently arise in Indonesian Muslim communities due to disagreements over inheritance distribution, often leading to prolonged family conflicts. This research employs an empirical juridical method with a qualitative case study approach, utilizing data collection techniques including interviews, observation, and documentation studies. The findings reveal that mediation implementation at the Sibuhuan Religious Court has generally complied with PERMA No. 1 of 2016 procedural requirements, with supporting factors including the availability of certified mediator judges, adequate mediation facilities, and cultural values promoting family harmony. However, inhibiting factors significantly constrain success rates, including low legal awareness among parties, sharp interest conflicts, limited mediation timeframes, and communication barriers such as language differences. The success rate of mediation in inheritance disputes at the Sibuhuan Religious Court ranges between 40%–50%, indicating its effectiveness as a dispute resolution mechanism while demonstrating considerable room for improvement. This research contributes to understanding the practical challenges of court-annexed mediation in religious court settings and offers recommendations for enhancing mediation effectiveness through improved mediator training, expanded public legal education, and strengthened procedural enforcement mechanisms. The study concludes that mediation remains a valuable alternative to full litigation, offering faster, more cost-effective, and relationship-preserving outcomes when properly implemented
Validity and Legal Consequences of Oral Agreements in Business Disputes: Reconstruction of Proof Based on Substantive Justice (A Case Study on a Construction Contract Decision) Ismayani
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2054

Abstract

Oral agreements remain widely used in Indonesian construction business, yet their validity and enforceability often spark dispute due to the challenges of proof. This study examines the legal validity and consequences of oral charter-party contracts (pemborongan) through the lens of substantive justice, taking the Supreme Court Decision No. 2345 K/Pdt/2021 as a case study. Employing a normative juridical method with a qualitative case approach, the research analyzes how Indonesian civil law, particularly Articles 1320, 1338, and 1601b of the Civil Code, permits oral contracts in construction works, while procedural law under HIR and the ITE Law imposes a high evidentiary burden. The findings reveal that formalistic approaches by lower courts often nullify oral agreements merely due to lack of documentary proof. In contrast, the Supreme Court reconstructed the parties’ consensus by integrating partial payment evidence, electronic communications, and witness testimonies, grounding its reasoning on substantive justice (keadilan substantif). The decision produced legal consequences including the obligation to pay outstanding contract price, compensation, and legal costs. The study proposes an evidentiary reconstruction model that shifts the paradigm from written-document supremacy to a multi-faceted, contextual proof assessment. This model reinforces the principle of good faith and offers a doctrinal framework for judges to resolve similar business disputes without sacrificing legal certainty. The conclusion underlines the urgency of harmonizing formal procedural rules with the substantive truth-seeking function of the judiciary.
Implementation of the Piercing the Corporate Veil Principle in the Liability of Public Limited Companies for Capital Market Conduct Causing Losses to Public Shareholders Liana Suryani Ali Liana; Hulman Panjaitan; Paltiada Saragi
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1997

Abstract

A Public Limited Company (PT Tbk), as an issuer in the capital market, is obligated to conduct its business activities in accordance with the principles of transparency, accountability, and investor protection. However, in practice, various actions in the capital market may adversely affect public shareholders, including capital market crimes such as fraud, market manipulation, price manipulation, and insider trading, as well as administrative violations that may ultimately result in forced delisting. These circumstances place public shareholders in a vulnerable position due to their limited ability to influence corporate policies through the General Meeting of Shareholders. This study aims to analyze the forms of actions committed by Public Limited Companies that may harm public shareholders and to examine the implementation of the piercing the corporate veil doctrine in establishing the liability of Public Limited Companies for such actions. This study employs a normative juridical research method by examining statutory regulations, legal doctrines, and relevant literature concerning corporate law and capital market law. The research focuses on analyzing actions undertaken by Public Limited Companies that have the potential to harm public shareholders and the implementation of the piercing the corporate veil doctrine in assigning liability for such losses. The findings reveal that actions by Public Limited Companies that may harm public shareholders can be classified into three main categories: capital market crimes, administrative violations, and unlawful acts (torts). In principle, losses arising from such actions are the responsibility of the company as a legal entity under the doctrines of separate legal entity and limited liability. However, where such losses result from the fault, negligence, abuse of authority, breach of fiduciary duty, or other unlawful acts committed by the board of directors, the board of commissioners, or controlling shareholders, the principle of limited liability may be set aside through the application of the piercing the corporate veil doctrine. Under such circumstances, corporate organs proven to have abused the corporate legal entity may be held personally liable in order to ensure legal protection, legal certainty, and justice for public shareholders.
Legal Certainty of Suspension of Detention with Guarantee under Article 110 of the Indonesian Criminal Procedure Code Rakhmat Makhmudin; Alip Rahman; Siska Karina
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2013

Abstract

The enactment of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP) introduces significant reforms to criminal procedural law, including the regulation of suspension of detention with guarantee under Article 110. Although the provision seeks to strengthen procedural safeguards and the protection of suspects' rights, questions remain regarding its ability to ensure legal certainty in practical implementation. This study aims to analyze the normative regulation of suspension of detention with guarantee under Article 110 and evaluate whether the provision provides adequate legal certainty within Indonesia's criminal justice system. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of Law Number 20 of 2025 and related legislation, while secondary legal materials include recent scholarly publications on criminal procedure, detention, due process of law, legal certainty, and human rights. The collected legal materials were analyzed qualitatively through descriptive, interpretative, and evaluative legal analysis. The findings reveal that Article 110 establishes a more comprehensive legal framework than the previous Criminal Procedure Code by reaffirming the authority to grant suspension of detention, recognizing monetary and personal guarantees, and strengthening procedural safeguards. However, the provision has not yet achieved complete legal certainty because it lacks objective statutory criteria governing the approval of applications, proportional guarantee standards, and measurable parameters for the exercise of official discretion. Consequently, inconsistent interpretation and unequal application remain potential challenges in practice. The novelty of this study lies in its normative evaluation of Article 110 from the perspective of legal certainty following the enactment of the new Criminal Procedure Code. The study recommends the adoption of implementing regulations or judicial guidelines establishing objective procedural standards to ensure consistent application while strengthening due process of law and the protection of suspects' rights
Legal Issues of Government Regulation Number 48 of 2025 on the Utilization of State General Reserve Land Susilo Lestari
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2019

Abstract

This article examines the legal and practical implications arising from Government Regulation Number 48 of 2025 concerning the Management and Control of Abandoned Areas and Abandoned Land. The Regulation is intended to optimize the utilization of land reserves for the benefit of the State, National Development, and Agrarian Reform. Nevertheless, its implementation has generated critical issues relating to legal certainty, the protection of land ownership rights, and inconsistencies within the existing agrarian legal framework. Employing a normative juridical approach, this study analyzes the contradictions between statutory provisions and their enforcement in practice, particularly with respect to certified land rights and state-owned assets that may be deemed abandoned land, thereby resulting in the loss or extinguishment of rights where such land is not effectively utilized. Furthermore, this study proposes an ideal reconstruction of the regulatory framework to ensure legal certainty, justice, and utility in accordance with progressive agrarian law principles that reflect the needs and interests of society. Given that land regulation constitutes a fundamental aspect of both public welfare and state governance, the establishment of an effective, equitable, and legally certain land management regime is indispensable to achieving sustainable national development and the optimal utilization of land resources
Digital Transformation of Land Transaction Income Tax Reporting through the Coretax System Ni Made Dwi Wulandari; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2030

Abstract

The digital transformation of tax administration through the Coretax System has altered the mechanisms for fulfilling and verifying Income Tax obligations arising from the transfer of land and/or building rights. Although this transformation has strengthened service integration, it has also created functional tension because digital tax validation is a prerequisite for signing a deed, whereas the authentication of deeds by public officials requires certainty regarding the sequence, timing, and presence of the parties. This study analyzes the regulatory framework and legal implications of migrating Income Tax reporting to the Coretax System and reconstructs its implementing norms to ensure legal certainty in the event of system failure. This normative legal study employs statutory and conceptual approaches, supported by a limited sociological approach to contextualize the analysis, and applies qualitative-prescriptive analysis. The findings indicate that procedural misalignment, the absence of a uniform emergency mechanism, and the unclear allocation of responsibility for system disruptions may delay transactions and increase legal risks for taxpayers and Land Deed Officials (PPATs). The study proposes a three-stage model comprising pre-signing compliance, the signing session, and post-signing reconciliation, supported by a digital force majeure clause, an audit trail, and an official escrow account as emergency instruments. By placing tax compliance before the authentication session, the model ensures that digital efficiency does not undermine the authenticity of deeds or the legal protection of the parties
Youtube Content as Fiduciary Guarantee In Banking Fia Melinita
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2068

Abstract

This research examines the implementation of copyright over YouTube content as an object of fiduciary security in Indonesian banking. YouTube content has economic value and can conceptually serve as an object of fiduciary security under Law No. 28 of 2014 on Copyright and Law No. 42 of 1999 on Fiduciary Security. Using a descriptive-analytical method, this research finds that its implementation has not run optimally due to obstacles in ownership and the transfer of rights, given that YouTube accounts are subject to Google's policies, which do not allow full transferability. Nevertheless, its juridical and economic potential remains substantial, so regulatory reform and a digital registration system are needed so that YouTube content can be legally recognized as an object of fiduciary security in Indonesia's banking sector.
Reconstructing Indonesia's Asset Recovery Policy through Non-Conviction Based Asset Forfeiture to Achieve Substantive Justice Irdanul Achyar; Faisal Santiago
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2071

Abstract

This study aims to analyze the problematic asset recovery policy within the Indonesian legal system and to reconstruct the implementation of Non-Conviction-Based Asset Forfeiture (NCBAF) as an asset recovery instrument grounded in substantive justice. The study uses a normative juridical method with a statutory and analytical approach. The results indicate that Indonesia's asset recovery mechanism still relies on conviction-based asset forfeiture, which requires a final and binding criminal decision. Therefore, it is ineffective in situations where the perpetrator dies, absconds, or cannot be prosecuted, even though the assets resulting from the crime can still be identified. The implementation of NCBAF has an adequate conceptual and legal basis as long as it is implemented based on the principles of the rule of law, due process of law, proportionality, judicial oversight, and protection of the rights of third parties acting in good faith. Policy reconstruction is carried out through the establishment of comprehensive regulations regarding the scope of assets, confiscation procedures without a criminal conviction, evidentiary mechanisms, protection of constitutional rights, and harmonization with the national legal system to achieve effective asset recovery, provide legal certainty, and reflect substantive justice.
Sharia Governance of Islamic Mutual Funds in Indonesia: Reconstructing DSN-MUI Fatwa Number 20/2001 Nurul Mu’minaati; Idris
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2075

Abstract

The development of Islamic mutual funds in Indonesia highlights the growing importance of integrating Sharia principles, capital market regulation, and modern investment governance. DSN-MUI Fatwa Number 20/DSN-MUI/IV/2001 on Guidelines for Investment in Islamic Mutual Funds constitutes one of the primary normative foundations for their operations in Indonesia. However, regulatory developments, the digitalization of investment services, the rising number of retail investors, and the increasing complexity of financial instruments have created new challenges in implementing the fatwa particularly regarding contractual arrangements, Sharia screening, cleansing mechanisms, information disclosure, and the effectiveness of Sharia Supervisory Board (SSB) oversight. This study analyzes the implementation of DSN-MUI Fatwa Number 20/DSN-MUI/IV/2001 in the management of Islamic mutual funds in Indonesia from the perspective of Islamic economic law and formulates an appropriate direction for reconstructing its implementation. It employs normative legal research using statutory, conceptual, and regulatory approaches, supported by an analysis of developments in Islamic mutual fund management practices. Legal materials are examined qualitatively and prescriptively by tracing the relationship between the fatwa, Islamic capital market regulations, Islamic economic law principles, and the governance demands of contemporary investment activities. The findings show that, normatively, implementation of the fatwa has been strengthened through Islamic capital market regulations and Sharia supervisory mechanisms. Nevertheless, its application remains largely oriented toward formal compliance and requires stronger emphasis on substantive Sharia compliance, risk-based supervision, digital transparency, and interinstitutional coordination. This study proposes an Adaptive Sharia Governance Model (ASGM) built on four pillars: Substantive Sharia Compliance, Risk-Based Sharia Supervision, Digital Sharia Governance, and Collaborative Regulatory Framework. The model is designed to ensure that implementation of the fatwa can adapt to technological change and industry complexity without compromising Sharia substance, while strengthening investor protection, transparency, accountability, and public interest (maṣlaḥah) in Islamic mutual fund management.

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