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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 209 Documents
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Implementation of Diversion for Children in Conflict with the Law for the Crime of Theft at the Sleman Police Said Azhar Zulviqri; Js.Murdomo
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.v5i2.1992

Abstract

This study examines the implementation of diversion for children in conflict with the law involved in theft cases at the Sleman Resort Police. Diversion, as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, aims to resolve juvenile criminal cases outside the formal criminal justice process by prioritizing restorative justice and the best interests of the child. This research employed a normative juridical approach with a descriptive research design. Primary data were collected through interviews with investigators at the Sleman Resort Police, while secondary data were obtained from legislation, legal literature, and other relevant documents. The collected data were analyzed qualitatively using descriptive analysis. The findings indicate that the implementation of diversion in theft cases involving children at the Sleman Resort Police has generally been carried out in accordance with the procedures stipulated in the Juvenile Criminal Justice System Act. The diversion process involves victims, offenders, parents, community counselors, and other relevant stakeholders to achieve a mutually agreed settlement. However, several obstacles remain, particularly the limited public understanding of the concept and objectives of diversion, as well as the perception that diversion is merely an attempt to avoid criminal sanctions. Despite these challenges, investigators have been able to facilitate diversion effectively, resulting in agreements that protect children's rights while ensuring accountability and restoring social harmony.
A Civil Law Review of Fixed-Term Employment Agreements Balancing Freedom of Contract and The Protection of Workers Gustiani Gustiani; Elok Hikmawati; Agus Suprayogi
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.v5i2.1998

Abstract

An employment relationship is a fundamental aspect of labor law, based on an agreement between an employer and an employee. Normatively, an employment agreement is the embodiment of the freedom of contract principle, as stipulated in Article 1338 of the Indonesian Civil Code (KUHPerdata). This research aims to analyze the limitations of the freedom of contract principle in the drafting of Fixed-Term Employment Agreement (PKWT) clauses, viewed from the principles of balance and good faith under Civil Law, and how Government Regulation Number 35 of 2021 serves as a protection instrument for the rights of contract workers in Indonesia. This study employs a normative juridical method with a statute approach, analyzing relevant laws and regulations. Data sources consist of primary data—comprising laws, regulations, and related literature—and secondary data from all legal publications that are not official documents, including legal textbooks, law journals, legal research findings, and scholarly opinions. The results of the study indicate that the freedom of contract is only legally valid if the drafted clauses do not exploit the weak bargaining position of workers, but instead reflect a proportional distribution of rights and obligations (balance) and are based on honesty and legal propriety (good faith). Government Regulation Number 35 of 2021 has successfully closed past loopholes of injustice by introducing the breakthrough of compensation money, tightening financial sanctions on premature termination of employment, and limiting the types of jobs that can be contracted, thereby balancing the operational freedom of employers with the certainty of protecting the fundamental rights of contract workers to achieve distributive justice.
Legality Payment Wages Lecturers Under Minimum Wage in Indonesian Labor Law Perspective Rahmat Aripin; Ardyan; Rezi Tri Putri
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.v5i2.2033

Abstract

The payment of salaries to permanent lecturers below the Provincial Minimum Wage (UMP) or Regency/City Minimum Wage (UMK) at private universities remains a problem, creating legal uncertainty regarding the protection of lecturers' rights. This study aims to analyze the legality of paying lecturers' salaries below the minimum wage from the perspective of Indonesian labor law. The study employed a normative legal method with a statutory and conceptual approach. Data were obtained through a qualitative literature review of laws and regulations, literature, and scientific journals. The results indicate that the relationship between permanent lecturers and private universities constitutes an employment relationship that fulfills the elements of work, wages, and orders and is therefore subject to labor law provisions. The freedom to set salaries under the Teachers and Lecturers Law does not override the obligation to comply with the minimum wage provisions as a coercive norm. Therefore, paying salaries below the minimum wage contradicts the principles of labor protection, legal certainty, and the objectives of higher education. Therefore, wage policies must be adjusted to comply with applicable legal provisions.
Implementation of the Contradictory Delimitation Principle in the Transfer of Land Rights Through Sale and Purchase in Denpasar City Gede Putu Oka Brahma Adhi; Simon Nahak; I Nyoman Alit Puspadma
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.v5i2.2036

Abstract

This study analyzes the implementation of the contradictory delimitation principle in the transfer of land rights through sale and purchase in Denpasar City and formulates solutions to problems arising when the principle is not optimally applied. This empirical legal study employs statutory, conceptual, and empirical juridical approaches. Data were collected through interviews with Land Office officials, Land Deed Officials (PPAT), sellers, and buyers, supported by observation, documentation, and a literature review, and were analyzed qualitatively. The findings show that remeasurement is not automatically conducted for every certified parcel. The contradictory delimitation principle is activated as a corrective mechanism when certificate verification, plotting verification, or field inspection raises doubts concerning the parcel's location, area, shape, or boundaries. Its application includes installing boundary markers, involving adjoining landowners, conducting measurement or boundary re-establishment, and updating land data. The principal obstacles are difficulties in securing the attendance of adjoining landowners, missing boundary markers, discrepancies in physical data, time and cost constraints, and limited public understanding. An appropriate resolution follows a staged mechanism: pre-deed prevention, deliberation, remeasurement, boundary re-establishment, land mediation, data updating, and litigation as a last resort.
Legal Standing of Beneficial Ownership Under Nominee Agreements in Indonesian Corporate Law Kadek Wijana; I Nyoman Sujana; Ni Komang Arini Styawati
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.v5i2.2050

Abstract

The absence of explicit legal regulation concerning beneficialownership within Indonesian corporate law has generateduncertainty regarding the legal position of investors operatingthrough nominee agreements. This study examines the legal standing of beneficial ownership and its legal consequences withinnominee arrangements involving domestic limited liabilitycompanies in Indonesia. Normative legal research was employedusing statutory, conceptual, and case approaches to examine theinteraction between the Company Law, the Investment Law, theCivil Code, and related regulations governing beneficialownership. The analysis demonstrates that Indonesian corporatelaw recognizes only registered shareholders as holders ofcorporate rights, whereas beneficial owners remain confined toadministrative recognition without acquiring enforceable civillegal standing. Nominee agreements established to conceal theidentity of the actual investor are inconsistent with the objectiverequirements of lawful contracts under Articles 1320 and 1337 ofthe Civil Code and constitute fraus legis, rendering suchagreements legally void and incapable of creating valid shareholder rights. Consequently, beneficial owners cannoteffectively enforce corporate rights or contractual claims whendisputes arise with nominees. The novelty of this study lies in integrating corporate, investment, and contract law to explain thenormative inconsistency governing beneficial ownership andproposing regulatory harmonization to strengthen legal certainty, investor protection, and corporate governance. Future studies maycomparatively examine beneficial ownership regulation acrossdifferent jurisdictions to support legislative reform in Indonesia.
Cancellation of Land Titles Based on Administrative and/or Legal Defects Arya Adi Sastra; I Nyoman Putu Budiartha; I Wayan Kartika Jaya Utama
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.v5i2.2051

Abstract

Land title certificates serve as strong evidence, but they often contain administrative and/or legal defects that lead to their revocation. The main issue is the ambiguity of Article 35 of ATR/BPN Regulation No. 21 of 2020, which lists 17 types of errors without specifying a scale of severity or criteria to distinguish between procedural and substantive errors, thereby creating legal uncertainty. This study aims to analyze the mechanism for the annulment of certificates due to administrative/legal defects, as well as the liability of the National Land Agency (BPN) in this regard, using a normative legal method with a descriptive-analytical approach based on primary and secondary legal sources analyzed qualitatively. The results of the study indicate that revocation can be pursued through two channels: direct revocation by the BPN based on the principle of contrarius actus in a tiered manner with a five-year time limit, and indirect revocation through a decision by the Administrative Court (PTUN) that reviews the legality of administrative actions based on the principle of rechtmatigheid van bestuur. The BPN bears legal responsibility through preventive safeguards (AUPB) and repressive measures (objections, PTUN lawsuits), with an emphasis that the errors of officials must not be imposed on members of the public acting in good faith.
Regulation of the Legal Liability of Notary Trainees in Maintaining the Confidentiality of Official Legal Documents during the Preparation of Authentic Deeds Made Bagus Vijanata Priadipa; I Made Suwitra; Nengah Renaya
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.v5i2.2055

Abstract

This study examines the regulatory vacuum concerning the legal liability of Notary trainees for maintaining the confidentiality of official legal documents during the preparation of authentic deeds. Article 16A paragraph (2) of the Notary Office Law imposes an obligation to keep confidential deeds and information obtained during the apprenticeship, yet it does not specify the forms of liability, enforcement mechanisms, types of sanctions, or the authorities empowered to impose them. This normative legal research applies statutory, conceptual, and philosophical approaches. Primary, secondary, and tertiary legal materials were collected through document and literature studies and analyzed through legal discovery using argumentum per analogiam and argumentum a contrario. The findings demonstrate that Article 16A paragraph (2) contains a rechtsvacuum that creates legal uncertainty for Notary trainees, supervising Notaries, and the parties concerned. This vacuum may be addressed through three forms of liability: administrative-organizational, civil, and criminal. To ensure legal certainty, Article 16A should be supplemented with provisions governing graduated sanctions, enforcement authority, compensatory liability, the possibility of joint and several liability, and the cumulative-selective application of general criminal law provisions.
Legal Governance Of Village Boundary Dispute Resolution Made Weda Sapta Prasetia; Ni Made Jaya Senastri; , I Gst Bagus Suryawan
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.v5i2.2057

Abstract

Village boundary disputes remain a persistent challenge despite the existence of an established legal framework governing boundary determination and affirmation in Indonesia. Recurring disputes indicate that regulatory compliance alone is insufficient to ensure legal certainty, administrative order, and effective local governance. This study examines the legal governance of village boundary dispute resolution by evaluating the coherence of the regulatory framework and the effectiveness of administrative settlement mechanisms. Employing normative legal research, the study integrates statutory, conceptual, and case approaches through qualitative analysis of primary, secondary, and tertiary legal materials using descriptive, evaluative, and prescriptive methods. The findings reveal that Indonesia has developed a comprehensive legal framework encompassing the 1945 Constitution, the Village Law, the Regional Government Law, the Geospatial Information Law, and the Minister of Home Affairs Regulation No. 45 of 2016. Nevertheless, implementation remains constrained by inconsistent institutional coordination, divergent interpretations of historical boundary evidence, and limited integration of geospatial information. Administrative dispute resolution emphasizing deliberation, documentary verification, geospatial validation, and formal government determination provides a practical pathway toward legal certainty, although its effectiveness depends on institutional capacity and public legal awareness. The study contributes a legal governance perspective by demonstrating that sustainable dispute resolution requires the integration of regulatory coherence, intergovernmental coordination, reliable geospatial governance, and community legal culture rather than reliance on legal substance alone. Future studies should incorporate empirical assessments of digital geospatial governance and comparative analyses across regions to evaluate the long-term effectiveness of village boundary dispute resolution policies.
Regulatory Implementation of Value-Added Tax Administration in Public Appraisal Services Made Agus Rai Sanditya Wibawa; Ni Komang Arini Styawati; I Wayan Rideng
Jurnal Smart Hukum (JSH) Vol. 5 No. 3 (2027): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i3.2060

Abstract

Effective Value-Added Tax (VAT) administration remains essential for strengthening tax compliance and sustaining public revenue, yet empirical evidence concerning professional appraisal services remains limited. Existing studies predominantly emphasize manufacturing, trade, or digital business sectors, leaving the implementation of VAT administration within public appraisal services insufficiently explored. This study investigates the implementation of VAT administration in public appraisal services by examining regulatory compliance and identifying operational barriers affecting tax administration. An empirical legal research design was adopted using statutory, conceptual, and socio-legal approaches. Primary data were obtained through purposive interviews with managerial and financial personnel responsible for VAT administration, while secondary data comprised Indonesian tax legislation and supporting legal documents. The findings indicate that VAT collection, remittance, and reporting procedures generally conform to prevailing tax regulations, including the Harmonization of Tax Regulations Law and its implementing provisions. Nevertheless, administrative effectiveness is constrained by limited specialized tax personnel, inadequate coordination between technical and financial divisions, inconsistent taxpayer awareness among clients, delays in supporting documentation and payments, and continuous adjustments to digital tax administration systems. The study contributes by extending empirical evidence on VAT administration within professional appraisal services, a sector rarely addressed in taxation literature. Strengthening institutional capacity, improving interdepartmental coordination, and enhancing digital tax governance are recommended to increase administrative efficiency and regulatory compliance. Future studies may compare implementation practices across professional service industries or evaluate the impact of digital tax reforms on organizational tax compliance.
Recovery of Victims' Economic Losses from a Civil Law Perspective on the Implementation of Criminal Social Work Arina Novitasari; Dian Rosita
Jurnal Smart Hukum (JSH) Vol. 5 No. 3 (2027): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i3.2069

Abstract

Recovery of the victim's economic losses from a civil law perspective is a legal consequence of an unlawful act that causes losses as regulated in Article 1365 of the Civil Code. Every perpetrator who causes losses is obliged to provide compensation to the victim as a form of civil liability. However, in criminal justice practice, the application of social work as an alternative punishment in the Criminal Code is more oriented towards the development of the perpetrator, so that the aspect of recovering victims' losses has not received adequate attention. This study aims to analyze the recovery of victims' losses from a civil law perspective in criminal cases that apply social work and to formulate an ideal formulation for the application of social work that still guarantees effective and just recovery of victims' losses. This study uses a normative juridical method with a statutory and conceptual approach. Data were obtained through a literature study of primary, secondary, and tertiary legal materials that were analyzed qualitatively using descriptive-analytical techniques. The results of the study indicate that the victim's right to compensation remains inherent even though the perpetrator is sentenced to social work, so that criminal liability does not eliminate the perpetrator's civil responsibility. Therefore, the application of community service sentences needs to be integrated with the obligation to provide restitution or compensation, giving judges the authority to combine criminal and civil aspects in decisions, and implementing a restorative justice approach to achieve legal certainty, benefits, and justice for victims, perpetrators, and the community.

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