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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 135 Documents
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The Development of Indonesian Marriage Law in Contemporary Era Mila Surahmi; Zaimah Husin; Nurifana Umar; Fatmawati; Tora Yuliana
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1041

Abstract

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.
This Study Examines the Impact of Campaign Finance Restrictions on Electoral Transparency and Integrity in ASEAN Countries Firdaus Arifin
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1079

Abstract

The transparency and integrity of electoral processes are of paramount importance for the health of a democracy. They prevent corruption and ensure fairness. Many ASEAN countries have implemented strict campaign finance regulations with the aim of enhancing transparency and reducing financial influence in politics. However, the effectiveness of these policies depends on the existence of appropriate oversight mechanisms and the specific characteristics of the local political context. This research examines the impact of campaign finance restrictions on electoral transparency in ASEAN, identifies challenges, and highlights effective practices. It also offers recommendations for policy improvements. This research employs a comparative methodology and thematic analysis to examine the similarities and differences in campaign finance restrictions across the Association of Southeast Asian Nations (ASEAN). It utilises data from documents to identify policy patterns and impacts. This research examines the impact of campaign finance restrictions in ASEAN, offering new insights and data on the influence of such regulations on electoral outcomes. It also provides recommendations for enhancing transparency and integrity in elections. This article examines the efficacy of campaign finance restrictions in enhancing electoral transparency and integrity in Indonesia. The findings indicate that, despite the restrictions' objective of curbing undue influence in the electoral process, their implementation continues to encounter substantial obstacles, including inadequate oversight and a dearth of information disclosure. The research underscores the necessity for regulatory reform and the fortification of oversight mechanisms as pivotal strategies to attain elections that are more equitable and transparent.
The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges Abdul Malik Mufty; Suhendar; Hasnia Hasnia; Nursolihi Insani; Herlin Rusyani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1082

Abstract

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.
The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives Ica Karina
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1083

Abstract

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which frequently originates from the tendency to emulate negative behaviors and the lack of adequate parental supervision. This research employs a normative legal approach to elucidate the nature of the penalties imposed upon minors who perpetrate criminal acts, as delineated in the Juvenile Criminal Justice System No. 11/2012. The findings indicate that to avert criminal conduct by minors, it is imperative to implement sustainable development initiatives that bolster the survival, physical, mental, and social advancement of children, while safeguarding them from threats that could jeopardize their future and the nation. The juvenile criminal justice system incorporates community involvement throughout the entirety of the case process. Crimes occurring within the community are shaped by the prevailing social conditions, along with individual factors pertaining to the perpetrators and victims. At the conclusion of each case, the community is tasked with facilitating the reintegration of offenders and victims back into the social milieu. This is achieved through either the establishment of new informal institutions or the reinforcement of existing formal ones.
Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee Arifardhani, Yoyo; Jum Anggriani; Silvia Dantyana
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1087

Abstract

Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing credit, banks apply the principle of "5C" which is mainly to see the customer's ability to accept the credit applied for. If the debtor defaults so that problematic credit occurs, then they can file for the execution of the Mortgage Guarantee if the collateral is in the form of land or buildings for the implementation of the SKMHT along with the APHT by a Notary. The purpose of this study was to determine the regulations for debtors who are in default in credit agreements with the imposition of Mortgage Rights and legal protection for creditors in the event that the debtor is in default. By using normative-empirical research methods, data collection techniques in the form of primary data by interviewing informants as informants and secondary data in the form of documents related to the problems studied to obtain conclusions if the debtor defaults in a credit agreement with the imposition of Mortgage Rights, based on the regulations of Law No. 4 of 1996 concerning Mortgage Rights, it states that the imposition is carried out by making a credit agreement first, then the imposition of mortgage rights and registration of the Deed of Granting Mortgage Rights with a predetermined time limit. So that there is legal protection for creditors so that the debtor's debt repayment can be carried out in accordance with the provisions of the Mortgage Law concerning the creditor's right to sell the object of the mortgage right
Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy Abdullah, Ali; Jum Anggriani; Yongky Putut Angki Anata
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1088

Abstract

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the transfer of workers' wage payment obligations from a bankrupt company to other parties, such as a third party or a replacement company. The methodology of this study uses a qualitative approach with case studies of several companies that are bankrupt. Data were collected through literature reviews, interviews with legal practitioners, and analysis of applicable laws and regulations. The findings of this study indicate that responsibility in the transfer of workers' wages depends not only on existing legal provisions, but also on the agreement between the parties involved in the bankruptcy process. The results of this study reveal that in practice, the transfer of responsibility for workers' wages often creates uncertainty for workers, especially in terms of certainty of payment. Recommendations provided include the need for clearer regulations regarding the transfer of wage obligations, as well as increasing legal protection for workers affected by company bankruptcy.
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Henny Saida Flora; Grenaldo Ginting; Ningrum Ambarsari; Marjan Miharja; Dolfries Jakop Neununy
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.
Legal Protection of Indonesian Workers on Japan on the Perspective of Human Rights and Pancasila Values Franciscus Xaverius Wartoyo; Aznina Lembayung Batubara; Evy Harjono; Genta Maghribi
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1099

Abstract

In the 21st century, the phenomenon of labor migration is becoming increasingly significant globally. Japan has become one of the main destinations for Indonesian workers. However, legal protection for them in Japan is still a major concern. This study provides an in-depth insight into the challenges faced by Indonesian workers in Japan in obtaining adequate legal protection. Using a qualitative approach and text analysis, this research uncovers important aspects of legal protection for Indonesian workers in Japan. The findings highlight the need for an evaluation of the effectiveness of the legal protection provided, as well as an emphasis on its relation to the principles of human rights and the values of Pancasila. The legal protection provided should be in line with human rights principles, such as the rights to justice, equality and humanity. As a country based on Pancasila values, the practice of legal protection for Indonesian workers in Japan must also be consistent with Pancasila values, such as social justice, unity, and humanity. The recommendations from this research can serve as a foundation for improving the legal protection system for Indonesian workers in Japan, with the ultimate goal of improving their welfare and ensuring that their rights are properly recognized, respected and protected. As such, this research not only provides a better understanding of the challenges faced by Indonesian workers in Japan, but also offers directions that can be taken to improve their conditions in the future.
Implications for the Power of Attorney to Sell Deed Made by a Notary Due to Inaccuracy Samosir, Tetti; Indah Harlina; Vicky
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1090

Abstract

The role of a notary is crucial in facilitating legal certainty and protection for the community. In civil law, notaries hold a highly strategic position as their profession deals with fundamental and critical issues in every legal action, particularly within civil law. The public, both as subjects and objects of legal transactions, bear significant burdens regarding legal administration. Violations by notaries can be classified as breaches of professional ethics or breaches of the law, with consequences that may include civil liabilities (compensation), criminal penalties (imprisonment and fines), and administrative sanctions (dismissal from office). Every unlawful action causing harm to others must be accounted for by the perpetrator. In criminal law theory, offenses are categorized into intentional and negligent acts. Any action causing undue harm and violating the law constitutes an illegal act. This study analyzes the juridical implications of drafting a power of attorney for sale from normative and case-based perspectives. The research revealed that a notary's failure to conduct adequate checks on document legality for a Power of Attorney for Sale resulted in unlawful actions that harmed legitimate parties, leading to material losses.
The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia Baan, Bram B; Ginting, Grenaldo; Putra, Irman; Lubis, Arief Fahmi; Miharja, Marjan
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1116

Abstract

The realisation of human rights constitutes a crucial element in the establishment of social justice and the safeguarding of individual dignity. In Indonesia, legal policies pertaining to human rights have evolved since the advent of the reform era, with the advent of numerous regulations and the establishment of institutions dedicated to the protection of human rights. This research employs a literature study method to analyze the impact of legal policies on human rights enforcement in Indonesia. The study analyzes relevant regulations, legal precedents, and academic literature to identify challenges and opportunities in the implementation of human rights policies. The findings reveal that, although Indonesia has witnessed significant advancements in the legislative realm, persistent challenges persist in ensuring consistent policy implementation. These obstacles encompass deficiencies in law enforcement, shortcomings in institutional competence, and the influence of political dynamics upon policy implementation. Hence, enhancements in legal governance and the fortification of human rights institutions are indispensable to guarantee the effective enforcement of human rights in Indonesia.

Page 7 of 14 | Total Record : 135

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