cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nur Kasim
Contact Email
dlj@ung.ac.id
Phone
+628124423987
Journal Mail Official
dlj@ung.ac.id
Editorial Address
Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia
Location
Kota gorontalo,
Gorontalo
INDONESIA
Damhil Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 28087143     DOI : https://doi.org/10.56591/dlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "volume 6 issue 1 2026" : 5 Documents clear
Critical Review of Applying Party Autonomy and Lex Fori in Indonesia's Cross-Border Business PIL Bill Jilmaini Asuna; Inayah Samir
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3238

Abstract

This research critically examines the application of the party autonomy principle and the lex fori principle in the Draft Law on Indonesian Private International Law (RUU HPI) and its implications for cross-border business transactions. As the first codification of private international law in Indonesia, the RUU HPI systematically regulates the choice of law and jurisdiction, but creates tension between the freedom of the parties and state sovereignty. This normative legal research uses a statutory, conceptual, and comparative approach, with primary legal materials in the form of the RUU HPI, the Rome I Regulation, and related international instruments. The analysis is conducted qualitatively with grammatical, systematic, and teleological interpretations. The results of the research show that in the principle of party autonomy, the RUU HPI recognizes the freedom to choose the law, but restrictions through public policy and lois de police are formulated without clear parameters, thus potentially reducing legal predictability. In the principle of lex fori , the RUU HPI grants broad jurisdiction to Indonesian courts through exclusive jurisdiction and the doctrine of forum non conveniens , but does not explicitly regulate respect for the choice of court agreement of the parties. The imbalance between these two principles risks reducing Indonesia's attractiveness as a dispute resolution forum. This study recommends reformulating the limits of party autonomy with objective criteria, proportional limitations on exclusive jurisdiction, and explicit recognition of the parties' choice of forum to create a balance between freedom of contract and state sovereignty in the HPI Bill.
Legal Mechanisms for Carbon Trading in Indonesia: Accountability or Greenwashing? Handipan H. Ali; Asrul Aswar
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3218

Abstract

Indonesia has rapidly developed a legal framework for carbon trading, including Presidential Regulation No. 98 of 2021, its successor No. 110 of 2025, and the launch of the Indonesia Carbon Exchange. However, serious concerns persist regarding whether this framework ensures genuine environmental accountability or merely facilitates corporate greenwashing. This article employs a doctrinal legal research methodology, supplemented by comparative analysis with the California Cap and Trade program and case studies of Indonesian offset projects. The analysis reveals two fundamental weaknesses. First, accountability mechanisms, including monitoring, reporting, and verification, lack independence. Reversal liability rules for forest based credits are absent, and no dedicated dispute resolution body exists. Second, the framework contains no mitigation hierarchy, no anti greenwashing provisions, and no mandatory disclosure of credit types or retirement dates. These structural flaws enable companies to claim carbon neutrality without meaningful internal decarbonisation. The article concludes that Indonesia's carbon trading mechanism currently prioritises market formation over environmental integrity. Urgent reforms are recommended, including an independent verification body, a binding mitigation hierarchy, and explicit anti greenwashing rules. Without such reforms, carbon trading risks becoming a tool for reputational laundering rather than genuine climate action.
Resolution of Land Ownership Disputes between Certificate Holders and Grant Claimants in Tulabolo Village Paujiya Kindangen; Mutia Cherawaty Thalib; Nurul Fazri Elfikri
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.2997

Abstract

This study discusses the legal protection for holders of certificates of property rights in the face of land ownership disputes with Grant claims in Tulabolo Village. The main focus of the study was to analyze the legal strength of certificates as evidence of land ownership and the challenges that arise due to oral or customary evidence-based grant claims that are not officially recorded in the National Land Agency (BPN). The research method used is sociological juridical approach with data collection through observation, interviews, and literature studies. The results showed that certificates of property rights provide strong legal protection in a formal manner, but the recognition of Indigenous Grant claims that have evidence of long-term physical control raises tensions between formal and customary law. Preventive and repressive legal protection is needed, ranging from certificate verification at BPN, dispute resolution mediation at the village level, to litigation in court to ensure the rights of certificate holders and justice for grant claimants. The research suggests strengthening the capacity of adat institutions in mediation, optimizing the role of BPN in Document Verification, and providing free legal aid so that access to justice can be implemented equally. Thus, comprehensive legal protection can minimize conflicts and realize legal certainty over land rights in Indonesia.
Optimization of Blockchain: Realizing Transparency and Data Integrity in Civil Law Contract Transactions Fidhela Putri Fadhila; Mutia Cherawaty Thalib; Mohamad Hidayat Muhtar
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3304

Abstract

The development of blockchain technology and smart contracts opens new opportunities for reforming contract law in Indonesia, particularly in realizing transparency and data integrity in electronic contract transactions. This study aims to analyze the optimization of blockchain in fulfilling the valid requirements of an agreement under Article 1320 of the Indonesian Civil Code (KUHPerdata) and to identify regulatory and technical challenges hindering its implementation. This research employs normative legal research (juridical normative) with statutory, conceptual, and case approaches, including an analysis of Jakarta Barat District Court Decision No. 588/Pdt.G/2020 as well as various related regulations such as the ITE Law, the PDP Law, and sectoral policies. The findings show that blockchain can strengthen the requirement of mutual consent through permanent and transparent recording of changes to the agreement, and reinforce the lawful cause requirement by guaranteeing data integrity through cryptographic hashing and distributed validation. However, implementation still faces regulatory challenges in the form of the absence of a specific law explicitly recognizing smart contracts, as well as technical challenges such as limited scalability, the risk of 51% attacks, and low interoperability. This study concludes that optimizing blockchain requires synergy between adaptive regulatory reform and the development of secure, scalable technical infrastructure, as well as improving the capacity of legal-tech human resources.
Fiduciary Duty for Digital Receivables: Civil Law Innovation vs. Global Corporate Reality Chandi Aulia; Zeira Zahlianti
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3261

Abstract

The innovation in Indonesian civil law that recognizes digital receivables (such as YouTube advertising revenue) as objects of fiduciary collateral faces serious challenges when faced with the reality of global corporations that are not subject to national jurisdiction. This study aims to analyze the legal construction of fiduciary for digital receivables in the Indonesian legal system and identify obstacles to execution due to the inaccessibility of global platforms. The research method used is normative juridical with statutory, conceptual, and comparative approaches. The results show that normatively, Law Number 42 of 1999 concerning Fiduciary Guarantees and Government Regulation Number 24 of 2022 concerning the Creative Economy allow digital receivables as objects of collateral. However, the unpreparedness of the administrative infrastructure (SISMINFIDU), the weakness of the analogy of digital control in the constitutum possessorium, and the conflict of choice of law with the Terms of Service of global platforms make this fiduciary obligation "semi-formal" and difficult to enforce. Execution through an Indonesian auction is not binding on YouTube due to differences in jurisdiction, unreasonable cross-border litigation costs, and fluctuations in the value of receivables. In conclusion, fiduciary over digital receivables is currently only a "pseudo-collateral" that requires a bilateral agreement or cross-border escrow mechanism to provide legal certainty.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Volume 6 Issue 1 2026 Volume 5 Issue 2 2025 Volume 5 Issue 1 2025 Volume 4 Issue 2 2024 Volume 4 Issue 1 2024 Volume 3 Issue 2 2023 Volume 3 Issue 1 2023 Volume 2 Issue 2 2022 Volume 2 Issue 1 2022 Volume 1 Issue 2 2021 Volume 1 Issue 1 2021 More Issue