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Jurnal Hukum Bisnis
Published by Yayasan Cita Cendekiawan Al Khwarizmi
ISSN : 08524912     EISSN : 23019190     DOI : 10.47709/jhb
Core Subject : Science, Social,
Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Hukum Bisnis, an open-access journal, is blind peer-reviewed and published January, March, May and July every year. The journal accepts contributions in English/Indonesia (Preferably in English). Jurnal Hukum Bisnis is providing scholars the best in theory, research, and methodology as well as providing platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to business. Jurnal Hukum Bisnis publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 112 Documents
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Islamic Pension Funds in Indonesia: A Utilitarian Perspective on Post-P2SK Regulatory Reform Hanim, Salwa Faeha
Jurnal Hukum Bisnis Vol. 14 No. 06 (2025): Call for Papers, November 2025
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v14i06.7902

Abstract

Pension fund management and regulation require flexibility and legal certainty to maximize pension benefits. Investment instruments in Islamic pension funds are still limited to normative aspects, limiting their development to specific investments. The purpose of this study is to analyze how Islamic pension funds are managed, both in terms of regulation and the innovation of investment instruments, over the last two years following the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. The research methodology used is qualitative research and library research, which involves collecting scientific data and information, including legal Theory, specifically Jeremy Bentham's Theory of utilitarianism, which serves to assess the benefits of regulatory reform. Furthermore, this study employs a legal approach, collecting legal documents such as laws, journals, and books to analyze the management and development of Islamic pension funds in Indonesia. This study concludes that Islamic pension funds are already regulated under Financial Services Authority Regulation No. 33/POJK.05/2016 concerning the Implementation of Pension Programs Based on Sharia Principles and Portfolio. Islamic investment instruments that were already available for managing Islamic pension funds, even before POJK No. 33/POJK 05/2016 was issued, include mudharabah deposits, Islamic stocks, Islamic mutual funds, and Islamic bonds. The study shows that, following the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector and Financial Services Authority Regulation No. 27 of 2023 concerning the Implementation of Pension Fund Businesses, there has been a significant shift from formal compliance supervision to risk-based supervision. The latest regulations provide room for innovation by expanding the choice of instruments and enabling more flexible operational mechanisms. From a utilitarian perspective, the latest regulations in Indonesia demonstrate measurable legal benefits that strengthen the Islamic pension fund sector.
Dimensi Normatif Pengelolaan Sampah dalam Sistem Hukum Lingkungan Indonesia: Normative Dimensions of Waste Management in the Indonesian Environmental Legal System Abdul Rahmat Waladow; Fenty U. Puluhulawa; Julius T. Mandjo
Jurnal Hukum Bisnis Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i02.8013

Abstract

This study aims to analyze the normative construction of waste management within the Indonesian environmental legal system by assessing the structure, substance, and coherence of the norms within the legal framework. Using normative legal research methods with a statutory and conceptual approach, data in the form of primary, secondary, and tertiary legal materials were obtained through literature studies and analyzed grammatically, systematically, and teleologically to test their vertical and horizontal consistency and systemic legitimacy. The results of the study indicate that waste management regulations have established a relatively systematic legal framework with a preventive orientation, grounded in the principle of reduction and corrective measures through administrative, civil, and criminal enforcement mechanisms and sanctions, which are conceptually aligned with the principles of sustainability, prudence, and polluters' responsibility. Normatively, this legal construction has been integrated into the national environmental protection and management regime. However, its effectiveness still requires harmonization of derivative regulations and consistent law enforcement to ensure the protection of the right to a good and healthy environment.
Analisis Yuridis Peradilan Akibat Salah Tangkap dalam Tindak Pidana Narkotika: Judicial Analysis of the Effects of Wrongful Arrest in Narcotics Crimes Yosua Yosua
Jurnal Hukum Bisnis Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i02.6792

Abstract

Arrests without proper procedure violate human rights and pose a problem in the criminal justice system. These violations can include procedural and administrative errors, violations of the suspect's rights, and the use of false witnesses or evidence. Criminal law aims to protect the public from crime while ensuring that no innocent person becomes a victim of law enforcement errors. Therefore, arrests must be carried out in accordance with applicable legal provisions. This study examines two main issues: the pretrial process for victims of wrongful arrest in narcotics crimes and the forms of compensation that victims can receive. Legal protection for victims of wrongful arrest is regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), which provides the right to compensation and rehabilitation. The amount of compensation is further regulated by Government Regulation Number 92 of 2015, an amendment to Government Regulation Number 27 of 1983. The study was conducted through a legal review of relevant laws and regulations. The results of the study indicate that victims of wrongful arrest can file claims for compensation and rehabilitation through the pretrial mechanism as stipulated in Article 77. Article 95 of the Criminal Procedure Code. The need for rehabilitation and compensation generally arises from errors by law enforcement officials, both during the investigation and prosecution stages. These errors can include incorrectly naming suspects or indictments based solely on the Investigation Report without adequate verification. Therefore, compensation and rehabilitation mechanisms are important instruments for achieving legal justice for victims of wrongful arrest.
Antara Regulasi dan Realitas Sosial: Hambatan Penegakan Hukum terhadap Perusakan Hutan Konservasi di Pohuwato: Between Regulation and Social Reality: Barriers to Law Enforcement Against Conservation Forest Destruction in Pohuwato Mohammad Ainal Ahyat; Fenty U Puluhulawa; Nurvazri Achir
Jurnal Hukum Bisnis Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i02.8012

Abstract

The Panua Nature Reserve in Pohuwato Regency is a legally protected conservation area. However, in practice, it still faces various forms of destruction, including illegal gold mining, encroachment, and the illegal exploitation of forest products, raising questions about the effectiveness of law enforcement. This study aims to analyze the implementation of law enforcement against forest destruction in the area and identify factors that hinder its effectiveness from the perspective of legal certainty, ecological justice, and legal benefits. The study uses a normative legal approach supported by an empirical dimension through the study of legislation, analysis of court decisions, review of reputable scientific literature, and interviews with law enforcement officials and the Natural Resources Conservation Agency. Data were analyzed qualitatively using deductive and inductive reasoning, along with source triangulation, to ensure the consistency and validity of the findings. The results show that normatively, the legal instruments are adequate. However, their effectiveness is hampered by limited oversight, imbalances between the threat of sanctions and criminal practices, suboptimal tracing of intellectual actors, and the lack of integration of ecological restoration in court decisions. Law enforcement tends to be repressive and procedural, thus failing to deter and sustain environmental protection fully. Therefore, strengthening institutional coordination, integrating restorative sanctions, and a preventative approach based on the welfare of surrounding communities are prerequisites for achieving substantive environmental law effectiveness.
Tinjauan Hukum terhadap Pengelolaan Limbah Bahan Berbahaya dan Beracun (B3) Industri dan Dampaknya terhadap Lingkungan: Legal Review of the Management of Industrial Hazardous and Toxic Waste (B3) and its Impact on the Environment Irgi Dwi Fahrezi; Muhammad Ilham
Jurnal Hukum Bisnis Vol. 15 No. 03 (2026): Artikel Riset Edisi Mei 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i03.8477

Abstract

The issue of environmental pollution has become an important topic in global discussions regarding ecosystem sustainability. The main problem is the management of industrial waste, especially Hazardous and Toxic Materials (B3) waste, which has been stated in Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH). Article 1, paragraph 22 states: Hazardous and toxic waste, hereinafter referred to as B3 Waste, is the residue of a business and/or activity that contains B3. If not managed properly, it can cause serious impacts on the environment. This type of research uses a normative juridical research type, using a descriptive analytical statutory approach, data sources using secondary data, and data collection tools using literature studies, then analyzed using qualitative methods. The results of the study found that legal regulations in the management of B3 waste in industry have experienced quite good development in Indonesia. However, the implementation of this regulation still faces various challenges, including inadequate infrastructure, high costs, and weak supervision and law enforcement. Improvements in the law enforcement system are expected to create a balance between industrial growth and environmental sustainability. The government's efforts in managing hazardous and toxic waste have had significant positive impacts, particularly in reducing pollution, increasing industry awareness, and protecting public health. However, challenges in infrastructure and technology implementation still need to be addressed for this policy to be more effective.
Analisis Yuridis Perjanjian Pranikah Ditinjau dari Undang-Undang Nomor 1 Tahun 1974 di Kota Pematang Siantar: Legal Analysis of Prenuptial Agreements Reviewed from Law Number 1 of 1974 in Pematang Siantar City Vindi Verdiana; M. Hendra Pratama Ginting
Jurnal Hukum Bisnis Vol. 15 No. 03 (2026): Artikel Riset Edisi Mei 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i03.8480

Abstract

A prenuptial agreement is a legal instrument that regulates the management of assets and the division of responsibilities between husband and wife in a marriage. This research is motivated by the low level of understanding and implementation of prenuptial agreements in Pematang Siantar City, despite being regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. The purpose of this research is to analyze the implementation of prenuptial agreements from a legal perspective, assess their effectiveness in practice, and identify factors that hinder their implementation in society. This research uses a normative legal method, namely, research based on primary legal materials by examining theories, concepts, legal principles, and relevant laws and regulations. The results show that the majority of the community does not understand the function, procedures, and benefits of prenuptial agreements. The main obstacles identified include a lack of legal socialization, psychological factors, the influence of conservative cultural and religious values, and the community's economic limitations. Although prenuptial agreements are legally binding if made in accordance with legal provisions, in practice, they have not yet become part of community customs. Based on these findings, low public understanding, cultural and economic factors, and minimal outreach from relevant institutions are the main obstacles to the implementation of prenuptial agreements. Therefore, this study recommends improving legal education through collaboration between state institutions, legal practitioners, and community leaders to expand public access and understanding of legal rights in marriage.
Pertanggung Jawaban Hukum Bagi Pelaku Usaha Jual Beli Online yang Mengakibatkan Kerugian Konsumen Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 dan Undang-Undang Nomor 8 Tahun 1999.: Legal Responsibility for Online Buying and Selling Business Actors Who Cause Consumer Losses Reviewed from Law Number 19 of 2016 and Law Number 8 of 1999. Revi Mariska Siregar; M. Hendra Pratama Ginting
Jurnal Hukum Bisnis Vol. 15 No. 03 (2026): Artikel Riset Edisi Mei 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i03.8481

Abstract

The Indonesian government passed Law Number 11 of 2008 concerning Electronic Information and Transactions, which was later amended to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. The amendments focused on Articles 27, 28, and 29, which were previously considered open to multiple interpretations and therefore needed to be clarified to provide legal certainty for internet users and improve consumer protection in online buying and selling transactions. This study uses a normative juridical research type because it focuses on the study of applicable legal regulations in legislation. The approach used is a statute approach, namely by examining various laws and regulations related to the legal issues being studied. The research data uses secondary data obtained through literature studies, which were then analyzed using qualitative analysis methods. The results of the study indicate that the implementation of Law Number 8 of 1999 concerning Consumer Protection, together with the ITE Law, has provided a fairly strong legal basis for taking action against business actors who harm consumers through electronic transactions. However, business actors' low awareness of the importance of consumer protection often leads to the neglect of consumer rights, such as the obligation to provide accurate and transparent information, guarantee product quality, and responsibility for losses suffered by consumers. Therefore, business actors have a legal obligation to protect consumer rights and can be held accountable if proven to have committed negligence, fraud, or violations in electronic transaction systems.
Analisis Hukum terhadap Penyalahgunaan Narkoba di Kalangan Remaja dan Upaya Penanggulangannya, Studi Kasus Polres Binjai: Legal Analysis of Drug Abuse Among Adolescents and Efforts to Overcome It: A Case Study of the Binjai Police Putri Dwi Sari; Rica Gusmarani
Jurnal Hukum Bisnis Vol. 15 No. 03 (2026): Artikel Riset Edisi Mei 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i03.8483

Abstract

Drug abuse among adolescents has become a serious problem in Indonesia, not only impacting physical and mental health but also having broad legal and social implications. This phenomenon raises concerns for the public, the government, and law enforcement officials, as adolescents, as the nation's future generation, should be free from destructive behavior that can damage their future and disrupt social stability. This study uses a normative juridical research method that focuses on examining legal regulations in legislation related to drug abuse. The approaches used include a statute approach and a case approach, examining various laws, regulations, and cases related to this legal issue. The data sources used are secondary data obtained through literature studies, which were then analyzed using qualitative analysis methods. The results of the study indicate that drug abuse among adolescents occurs due to a complex interaction of internal and external factors. Internal factors include unstable psychological conditions, impulsivity, emotional stress, and the search for self-identity, which makes adolescents vulnerable to trying addictive substances as a form of escape from problems. Meanwhile, external factors stem from the social environment, lack of family supervision, and negative social influences. Therefore, an integrated and collaborative approach between families, communities, educational institutions, and law enforcement is needed to create an effective strategy to suppress drug abuse in the Binjai Police jurisdiction.
Analisis Yuridis Wanprestasi dalam Perjanjian Kerja serta Perlindungan Hukum bagi Para Pihak: Legal Analysis of Default in Employment Agreements and Legal Protection for the Parties Devia Octi Pertiwi; Cici Marliani; Deva Nur Fateha
Jurnal Hukum Bisnis Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i02.8537

Abstract

An employment agreement is the primary foundation of an employment relationship, binding workers and employers to fulfill their rights and obligations. However, in practice, breaches of contract or broken promises often occur on both the part of workers and employers. This study aims to analyze the forms of breaches of contract in employment agreements, their legal consequences, and the legal protections available to the injured parties. The research method used is normative juridical, employing statutory, conceptual, and case approaches. Primary legal materials include the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. The results of the study indicate that breaches of contract by employers are easier to prove and can be subject to administrative and criminal sanctions.In contrast, breaches by workers require a higher standard of proof and rarely result in termination of employment. Preventive legal protection through the standardization of employment agreements and repressive protection through industrial relations dispute-resolution mechanisms have been comprehensively regulated. However, their implementation still faces obstacles, including lengthy settlement processes and disparities in judicial decisions. Legal gaps were also identified in the protection of digital platform workers who lack written employment agreements. This study recommends issuing implementing regulations to categorize the severity of labor violations and revising the law to accommodate non-standard workers in the digital economy era.
Integrasi Etika dan Hukum dalam Bisnis: Strategi Keberlanjutan Perusahaan di Indonesia: Integration of Ethics and Law in Business: Corporate Sustainability Strategy in Indonesia Annisa Khairin Pebrianti Nur; Nailah Nur Afiifah; Lisda Yanti AR; Budiarsih Budiarsih
Jurnal Hukum Bisnis Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/jhb.v15i02.8640

Abstract

This study analyses the integration of business ethics and legal compliance as a fundamental strategy for achieving corporate sustainability in Indonesia. The main issue studied focuses on the ongoing gap between formal legal compliance and the application of ethical responsibilities in daily business practices. Many companies comply with various statutory provisions but have not fully internalized ethical values as part of their organizational culture and decision-making processes. This study uses a normative-juridical approach by examining various relevant laws and regulations, corporate law concepts, and the latest scientific literature discussing business ethics, corporate governance, and business sustainability. The results show that legal compliance is an important foundation for conducting business activities. However, it is insufficient to ensure long-term corporate sustainability without the support of strong ethical values. Companies that integrate ethical principles into their business strategies and operations tend to have higher stakeholder trust, a better reputation, and lower legal, social, and reputational risks. Furthermore, implementing good corporate governance, corporate social responsibility, transparency, accountability, and the ability to adapt to technological developments and digital transformation are crucial factors in supporting business sustainability. Therefore, the synergy between business ethics and legal compliance is a strategic element that must be consistently implemented to create sustainable and competitive company growth.

Page 11 of 12 | Total Record : 112

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