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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 Role of Legislative and Executive Institutions Based on the 1945 Constitution in Realizing the Sustainable Development Goals (SDGs) Franciscus Xaverius Wartoyo; Shillo, Verlyn Adelaide Tzuriel; Sigrid, Stephanie; The, Jennifer
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1330

Abstract

The Sustainable Development Goals (SDGs) have become a target for member countries of the United Nations (UN), including Indonesia. Achieving the SDGs as a global development agenda requires the active role of various parties, including legislative and executive institutions. Collaboration between the two institutions is a strategic key in realizing the SDGs as well as the ideals of the Indonesian state contained in the 4th paragraph of the Preamble of the 1945 Constitution, namely protecting the entire Indonesian nation, advancing general welfare, educating the nation's life, and participating in implementing world order based on independence, eternal peace and social justice. This study aims to analyze the forms of collaboration between legislative and executive institutions in supporting the implementation of SDGs in Indonesia. This study uses a qualitative approach by analyzing policies, regulations, and collaborative practices between the two institutions. The results show that structured and long-term goal-oriented synergies are needed to maximize the implementation of the country's ideals and the SDGs. This study recommends increased collaboration between the legislative institution as a regulator and watchdog of executive performance, and the executive institution as the implementer.
Legal Construction Analysis for Ship Chartering in Indonesia: Comparison of BIMCO Agreement and Indonesian Maritime Transport Agreement Chandra, Capt.; Anggriani, Jum; Andreas Sapta Finady
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1347

Abstract

This research analyzes the comparative legal construction between BIMCO standard agreements and Indonesian Sea Transportation Agreements in the context of ship chartering. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research identifies fundamental divergences in the orientation and objectives of these legal instruments. BIMCO standards demonstrate a commercial global orientation with transaction flexibility and efficiency, while Indonesian Sea Transportation Agreements maintain a regulatory-national orientation focusing on domestic maritime policies. This disparity creates harmonization challenges for cross-border shipping operators, increasing transaction costs and dispute resolution complexity. This research formulates an ideal legal construction model through a selective harmonization approach with three pillars: commercial adaptability, protection of national interests, and legal certainty. Implementing this model has the potential to strengthen the competitiveness of Indonesia's shipping industry in the global maritime ecosystem and support the Global Maritime Fulcrum vision.
The Role of Notaries in Preventing Money Laundering in Indonesia: an Analysis of Compliance and Implementation of Law No. 8 of 2010 Dahris Siregar
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.1351

Abstract

This research explores the role of notaries in Indonesia in preventing money laundering, focusing on compliance and the implementation of Law No. 8 of 2010. Utilizing a qualitative methodology, this study examines the obligations of notaries as reporting parties, the application of the Know Your Customer (KYC) principle, and the challenges faced in practice. Data were collected through document analysis, interviews with notaries, and review of official reports. The findings reveal that while regulatory frameworks mandate notaries to identify, verify, and report suspicious transactions, practical challenges persist, including limited training, technological barriers, and ethical dilemmas regarding client confidentiality. The study also highlights the effectiveness of reporting mechanisms such as the Go-AML and GRIPS applications, as well as the need for ongoing professional development and legal protection for notaries. The research concludes that strengthening institutional support and clarifying regulatory ambiguities are critical to enhancing the notary’s preventive role in money laundering activities in Indonesia.
The Development of Personal Data Protection Law in Indonesia: Challenges and Prospects for the Implementation of Law No. 27 of 2022 Budiman, Risky
Jurnal Smart Hukum (JSH) Vol. 2 No. 1 (2023): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i1.1352

Abstract

Indonesia’s enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law) marks a significant milestone in the country’s legal landscape, aligning national regulations with global standards such as the European Union’s General Data Protection Regulation (GDPR). This qualitative research examines the evolution of personal data protection law in Indonesia, the main challenges encountered during the initial phase of implementation, and the prospects for effective enforcement. The study employs a normative legal approach, analyzing statutory provisions, secondary legal materials, and recent case studies. Findings indicate that while the PDP Law provides a comprehensive legal framework and establishes clear rights and obligations for data controllers and subjects, substantial challenges remain, including institutional readiness, public awareness, and enforcement capabilities. The paper concludes by discussing the prospects for robust data protection in Indonesia and offers recommendations for strengthening the implementation of the PDP Law.
The Effectiveness of Restorative Justice Implementation in the Juvenile Criminal Justice System in Indonesia Hutagalung, Tahi Saoloan
Jurnal Smart Hukum (JSH) Vol. 2 No. 1 (2023): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i1.1353

Abstract

This study examines the effectiveness of restorative justice (RJ) in Indonesia’s juvenile criminal justice system. Employing a qualitative research approach, data were collected through literature review, statutory analysis, and in-depth interviews with legal practitioners, law enforcement officers, and child rights advocates. The findings indicate that while restorative justice has been formally recognized and partially implemented following the enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, several challenges hinder its optimal application. These include limited awareness, inconsistent law enforcement, and cultural barriers. Nevertheless, RJ has shown significant potential in reducing recidivism, promoting rehabilitation, and fostering community involvement. The study concludes with recommendations for strengthening the institutional framework, increasing public awareness, and enhancing the capacity of stakeholders to ensure the effective realization of restorative justice in Indonesia.
Analysis of the Application of Justice Principles in Civil Dispute Resolution in Indonesia: A Study of Cases in District Courts Umar, Nurifana; Sumilat, Rohyani Rigen Is; Ante, Rinny; Paendong, Kristiane Aprilia; Umboh, Joice Jane
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1354

Abstract

This research analyzes the application of justice principles in the resolution of civil disputes at Indonesian district courts. Employing a qualitative approach, the study examines 15 civil case decisions from five major district courts between 2020 and 2024, complemented by interviews with judges, lawyers, and litigants. The findings reveal that the pursuit of procedural certainty often overrides substantive justice, with strict adherence to procedural rules sometimes resulting in the dismissal of valid claims. Cultural factors, such as the integration of adat (customary law), further complicate the consistency of judicial decisions, particularly in inheritance and land disputes. Additionally, external pressures—including corruption and political influence—pose significant challenges to impartial adjudication. These complexities highlight a persistent tension between legal certainty and fairness in Indonesia’s civil justice system. The study recommends targeted judicial training focused on balancing procedural and substantive justice, enhanced oversight by the Judicial Commission, and reforms to allow greater judicial discretion in procedural matters. By providing an in-depth examination of district court practices, this research contributes to a better understanding of the systemic barriers to achieving justice in Indonesian civil litigation and offers practical recommendations for reform. The findings underscore the importance of aligning legal procedures with the fundamental goal of delivering fair and equitable outcomes for all parties involved.
The Dynamics of Human Rights Issue Resolution from the Perspective of Dignified Justice Kuncoro, Owen Edgar; Riyanto, Tio; Wilbert, Reyner
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1355

Abstract

Human rights are important to uphold because they guarantee the principle of equality for all people. There may be some citizens who are less aware of the importance of human rights for themselves. There are many human rights violations that occur in Indonesian society, human rights themselves are regulated in the Pancasila legal system. The purpose of the law itself includes 3 things, namely the value of justice, benefit, and legal certainty. The value of justice is the most important value in law. The research method that we use in our journal is a literature review or analysis research method and also uses normative analysis of laws, court decisions, and policies that cover everything about human rights. The purpose of our research is to provide a dignified justice perspective on Human Rights in accordance with the dynamics of constitutional law. We hope that this journal can increase public awareness of the importance of human rights for humans and can also build greater justice in human rights for society.
Criminal Act of Embezzlement of Funds and Positions In Foundations for Personal Interests Muhammad Chaerul Ichsan; Anggriani, Jum
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1382

Abstract

This study examines the phenomenon of criminal acts of fund embezzlement and position abuse in foundations as non-profit organizations in Indonesia. Using normative juridical method with descriptive-analytical approach, the research analyzes characteristics and modus operandi of embezzlement, causative factors, effectiveness of criminal law enforcement, impacts on foundation operations and public trust, and comprehensive prevention strategies. Research findings indicate that inclusion in foundations is generally committed by individuals with direct access to financial management through financial report manipulation, aid fund diversion, and procurement abuse. Main causative factors include weak corporate governance, paternalistic culture, and minimal internal-external oversight. Implementation of criminal law provisions faces obstacles of regulatory overlap, evidence complexity, and verdict inconsistency. Systemic impacts in the form of public trust erosion hinder the philanthropic sector as a whole. Prevention strategies require governance structure improvement, law enforcement coordination enhancement, and technology utilization for fraud detection in maintaining the integrity of Indonesia's philanthropic sector
The Role of P2TP2A for Women Victims of Domestic Violence as a Form of Realization of Human Rights Enforcement Erlitha Dewi Ramadhiana; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1384

Abstract

This research analyzes the role of Integrated Service Centers for Women and Children Empowerment (P2TP2A) towards women victims of domestic violence as a manifestation of human rights enforcement in Indonesia. Using normative juridical method, this study examines the juridical construction of P2TP2A based on the hierarchy of legislation and international human rights instruments. The findings indicate that although P2TP2A has a strong legal foundation from the 1945 Constitution to Ministry Regulation No. 5/2010, its implementation faces significant paradox between normative ideality and practical reality. Of 514 regencies/cities, only 398 have P2TP2A with varying operational readiness, while 67% of victims are unaware of this institution's existence. Determinant factors affecting effectiveness include institutional capacity disparities, limited competent human resources, suboptimal inter-stakeholder coordination, and persistent patriarchal culture. The research formulates a holistic capacity strengthening model based on four pillars: human resource competency standardization, coordination optimization, infrastructure strengthening, and outcome-based monitoring systems to realize sustainable victim protection.
Analysis of Implementation of PMK 96/2023: Electronic Data Integration Obligations Between Platforms Trading Through Electronic Systems (PPMSE) And Directorate General of Customs and Excise on Transactions Above 1000 Shipments Susan Frisca; Andreas Eno Tirtakusuma
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1388

Abstract

This study analyzes the implementation of Minister of Finance Regulation No. 96/PMK.04/2023 which mandates electronic data integration between Electronic System Trading Platforms (PPMSE) and the Directorate General of Customs and Excise for transactions exceeding 1000 shipments. Using a quantitative approach with explanatory and evaluative design, the research involved 178 PPMSE platforms and 87 DJBC officials as respondents. Results show implementation success rate of 89.6% with compliance rate improvement from 64.7% to 92.4%. The 1000-shipment threshold proved highly effective with 94.3% coverage ratio of total cross-border e-commerce transaction value. Implementation generated state revenue increase of IDR 5,198.8 billion (65.1%) with benefit-cost ratio of 14.17:1. Operational efficiency improved significantly through clearance processing time reduction from 72.4 hours to 18.6 hours and 89.8% officer productivity increase. Enforcement mechanisms demonstrated high effectiveness with 97.7% case resolution rate and 93.8% post-sanction compliance. The system built has scalability up to 300% transaction volume and has become regional best practice. PMK 96/2023 successfully created sustainable digital taxation transformation with positive impacts on transparency, efficiency, and competitiveness of Indonesia's e-commerce ecosystem.

Page 9 of 14 | Total Record : 135

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