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INDONESIA
Sinergi International Journal of Law
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 3 No. 4 (2025): November 2025" : 5 Documents clear
Status of Nullity by Law the Agreement Due to Standard Clauses in the Consumer Protection Law Sibagariang, Rudini; Yanto, Oksidelfa; Runaeni, Neni
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.803

Abstract

Current legal issues greatly affect several aspects in the field of business law which often not infrequently end in civil lawsuits in court, although it has been clearly regulated in the Consumer Protection Law regarding several things that may be agreed upon in a contract, however, business actors often also ignore the rules that are prohibited from being made in the agreement, such as applying standard clauses which in the legal norms of the standard clauses in the Consumer Protection Law such things are not permitted, so that the situation becomes null and void, which in which such a situation can harm not only consumers but can also have an impact on the business actors themselves, in daily practice of course such things must be a serious concern not only in the field of business or business but in all aspects related to the law, especially those agreed upon in an agreement, because an agreement requires several provisions that cannot be simply ignored, although sometimes it seems that the existing agreement arises from existing problems, not actually prepared before a dispute occurs, because apart from the agreement being prepared to minimize more complicated disputes, it is also expected that there is good ethics in the implementation and obedience to follow what is it has been agreed that both individual subjects and legal entities such as companies are parties to an agreement.
Legal Protection for Cessie Deed Holders in Indonesia: An Analysis of Court Execution in Case Number 1/Pdt.Eks/2022/PA.Bgl at the Bangil Religious Court Barawaja; Yusdiansyah, Efik; Santoso, Bambang
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.807

Abstract

A credit contract serves as an initial framework for the redistribution of financial resources between a lending party and a borrowing party. When the borrower fails to fulfill the obligations stipulated within the credit arrangement, a transfer of receivables commonly known as a cession is carried out, wherein the original debtor transfers their obligations to a successor debtor. This is subsequently followed by a formal amendment of the registered ownership title at the Land Office, particularly for the property used as collateral. Several years after the certificate was changed, a dispute lawsuit arose in Court without involving the new Debtor holding the cession deed who had controlled and changed the name on the certificate as a party. In accordance with Execution Decision Number 1/Pdt.Eks/2022/PA.Bgl, the Bangil Religious Court enforced the seizure and auction of the property that had been pledged as collateral by the assignee, reflecting the court’s authority to enforce judgments involving transferred debts. This research adopts a normative legal methodology, primarily due to the absence of comprehensive legal provisions governing the transfer of property rights via cession, particularly as they are not explicitly regulated under Article 37 of Government Regulation No. 24 of 1997 concerning Land Registration. The research applies both a conceptual framework and a case-study method, enabling an analysis that bridges theoretical understanding with practical application. This study investigates the process of title change at the Land Office following the execution of a deed of cession. The analysis seeks to evaluate the procedural legitimacy and legal safeguards available to the new rights holder, particularly in cases where the cession is not acknowledged in execution proceedings by the Religious Court.
Reconstructing Legal Responsibility for Digital Signatures: A Socio-Semiotic Perspective in Indonesian Cyber Law Kadriah, Ayyub; Hasibuan, Faizie Yusuf; Suganda, Atma
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.813

Abstract

Digital signatures play a vital role in facilitating electronic legal transactions. Despite being regulated by various Indonesian laws, their effective implementation remains limited due to gaps in legal culture, institutional readiness, and technical validation. This study addresses two core questions: (1) How is the legal basis for digital signature protection situated within Indonesia’s digital legal culture? and (2) How can a fair legal accountability model be developed? The study offers a novel interdisciplinary perspective by combining legal protection theory, social change theory, legal responsibility theory, and legal semiotics. It frames digital signatures as legal symbols whose meaning has yet to be fully internalized by legal institutions and society. Using a normative-critical and qualitative approach, the study gathers insights from legal practitioners, regulators, academics, and digital signature users through semi-structured interviews. The data are thematically analyzed to identify institutional gaps and social perceptions. Findings indicate that digital signature protection in Indonesia remains overly formalistic. In judicial practice, they are not consistently accepted as legitimate legal evidence. Moreover, there is no strong accountability framework for misuse or digital identity fraud. The study concludes that digital signature protection must go beyond statutory recognition. It requires building legal meaning within society through increased public awareness, technological integration, and institutional reform. The state must develop an inclusive, adaptive framework that unites law, technology, and legal culture to ensure justice and trust in digital legal interactions.
The Implementation of The Restorative Justice System in the New Indonesian Criminal Law Imanuddin, Iman; Darusman, Yoyon Mulyana; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.836

Abstract

The regulations of Indonesian criminal law are inherited from Dutch colonial legislation that was incorporated into the Indonesian national legal framework through Article 2 of the transitional provisions of the 1945 Constitution, than officially was established in Law no. 1 of 1945 pertaining to Criminal Law after the independence proclamation. When it was established, the Indonesian penal system was a criminal law intended to offer a punishment and generate a deterrent effect on offenders of criminal activities. As time progresses, with swift societal changes and advancements in information technology, there is a public inclination towards adopting a criminal law system focused on retribution and creating a deterrent effect on offenders that could contemplate utilizing a diversion or restorative justice model. This study employs a socio-legal method utilizing secondary data by analyzing all laws and regulations pertinent to the research. The findings of this study indicate that the government, in reference to Law No. 1 of 2023 on New Criminal Law, has aimed to align with community expectations by releasing policies in the form of regulations from multiple law enforcement bodies to facilitate diversion or restorative justice.
Dual Residency and the OECD Model Tax Convention: A Normative Analysis of Tie-Breaker Rules in the Indonesian Legal Context Silalahi, Heriantonius; Han, Steven
Sinergi International Journal of Law Vol. 3 No. 4 (2025): November 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i4.860

Abstract

The rapid digitalization of the global economy and the increasing cross-border mobility of individuals have challenged the effectiveness of traditional residency-based taxation systems. For Indonesia, which relies heavily on domestic revenue, these developments create legal and fiscal tensions between safeguarding its tax base and adhering to international standards. This study addresses a significant research gap in the normative analysis of how OECD Model Tax Convention tie-breaker rules are applied within the Indonesian legal framework to resolve dual residency situations, particularly involving migrant workers and digital nomads. Using a doctrinal legal research approach, the study systematically examines Indonesia’s regulatory framework at three levels: (i) substantive norms under the Income Tax Law, (ii) administrative instruments such as PMK 18/PMK.03/2021, and (iii) technical guidelines such as SE-52/PJ/2021. These are then compared with the residency and tie-breaker provisions of the OECD Model Tax Convention to assess their coherence and effectiveness in providing legal certainty. The findings reveal significant gaps between Indonesia’s domestic regulations and international standards, particularly regarding the interpretation and implementation of tie-breaker rules. These gaps increase the risk of double taxation, double non-taxation, and tax base erosion in dual residency cases. Theoretically, this study enriches the literature by contextualizing the relevance of tie-breaker rules in the era of global mobility and digitalization. Practically, it offers policy recommendations for harmonizing domestic regulations with international instruments, strengthening treaty clauses, and enhancing administrative capacity to better protect Indonesia’s fiscal interests.

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