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Mahadi : Indonesia Journal of Law
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 29647185     DOI : https://doi.org/10.32734/mahadi
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other
Mahadi: Indonesia Journal of Law is an academic journal for Legal Studies published by Universitas Sumatera Utara. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning laws and legal system. The focus and scope of this journal are legal problems in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Business Law, Medical Law, Notary Law, Inheritance Law, Tax Law, Insurance Law, Environmental Law; Adat Law; Law on Marriage and Family, Cyber Law, Agrarian Law, Legal Philosophy and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 68 Documents
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Copyright: Transfer of Book Copyright to Heirs by Civil Law Ghuffran, Mohammad
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

This paper aims to be able to find out an overview of the transfer of book copyright to heirs under civil law. IPR (intellectual property rights) is a right that arises because of the intellectual ability possessed by a human being in various fields, which can produce all kinds of things, starting from the process to producing a product or goods that have useful value. The result can be in the form of works in the fields of science, art, literature and also technology as a form of human intellectual creativity expressed through thoughts and ideas, the concept of intellectual property rights will be beneficial to all humans. The birth of book copyright began from an idea that arose from the idea of extorting the results of creativity and technology made by humans that utilize their intellectual intelligence and emotional abilities. Copyright can undergo a partial or total transfer of rights in the event of inheritance, will, waqf, grant, written agreement, or for other reasons as stipulated in the provisions of laws and regulations. The provisions of the regulation in terms of inheritance in the Civil Code consist of 2 ways, namely: the inheritance system "ab intestato" and the inheritance system according to the will "testament". The legal basis used in the implementation of inheritance in book copyright based on inheritance is inheritance law based on the Civil Code which regulates the position of a person's property after he or she dies by transferring the property to the rightful owner. Therefore, the transfer of book copyright that occurs as a result of this inheritance is able to transfer the whole related to exclusive rights where these exclusive rights consist of moral rights and economic rights of the creator. Keywords: Book Copyright, Transition, Heirs
Legal Framework For Termination Of Contract Due To Force Majority To Further Ensure Legal Certainty Manurung, Doni Freddi; Siregar, Mahmul; Robert
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Contracts essentially arise from differences in interests between parties bound in a legal relationship. In practice, not all contracts can be executed as initially agreed, especially due to force majeure conditions. However, the Indonesian Civil Code does not explicitly detail the events that constitute force majeure, leading to legal uncertainty. This study aims to examine the legal framework for contract termination due to force majeure in order to ensure legal certainty for the parties. The research is normative legal research using statutory and case approaches, utilizing both primary and secondary data obtained through literature and document study. The findings indicate that Articles 1244 and 1245 of the Civil Code serve as the primary legal basis for force majeure, stating that a party unable to fulfill obligations due to such circumstances may be exempt from liability. However, practical implementation depends heavily on contract clauses and the burden of proof. Courts consider several aspects such as the force majeure clause, duration, good faith, and mitigation efforts in their rulings. The study concludes that although a legal framework exists, more detailed and flexible regulations are needed to address the complexities of modern contractual relationships and ensure greater legal certainty. Therefore, it is recommended that the government develop additional legal instruments regulating force majeure in contractual agreements in Indonesia.
Legal Risk Mitigation Issues in the Procurement of Goods and Services from a Corporate Law Perspective (A Case Study at PT Perkebunan Nusantara IV Regional I) Hady, Faisal; Siregar, Mahmul; Mulyadi, Mahmud
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

The procurement of goods and services in the public sector is regulated by Presidential Regulation (Perpres) No. 12 of 2021, while procurement in state-owned enterprises (SOEs) is governed by the Ministry of SOEs Regulation No. PER-2/MBU/03/2023. PT Perkebunan Nusantara IV (PTPN IV), a palm oil plantation SOE subsidiary, utilizes the Integrated Procurement System (IPS) for its procurement processes. However, the clarification stage is still conducted through in-person meetings to verify original documents, posing risks of abuse of authority and regulatory violations. This practice does not fully reflect the implementation of Good Corporate Governance (GCG) within PTPN IV Regional I. This study is a normative juridical and descriptive-analytical research, using a statutory approach, library research, and field research through in-depth interviews. The findings indicate that risk mitigation in procurement is crucial to ensure smooth operations and prevent disruptions to quality, cost, and timing. Although PTPN IV complies with current regulations, the use of a Presidential Regulation is considered to lack sufficient legal authority, particularly in the context of decentralization. Thus, the establishment of a Goods and Services Law is necessary to provide a stronger legal foundation for public procurement. Furthermore, regular training for procurement staff on legal frameworks, contract management, legal risk mitigation, and dispute resolution is essential to minimize legal risks and ensure that procurement is conducted transparently, efficiently, and accountably in accordance with good governance principles.
Legal Position of Employees Post Spin off PT Perkebunan Nusantara III (Persero)Medan Operations Become PT Perkebunan Nusantara IV (Study at PT Perkebunan Nusantara IV Regional I) Abdi, Muhammad Parrij; Siregar, Mahmul; Agusmidah
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

This article examines the corporate responsibilities of Indonesian state-owned enterprises (BUMN) concerning employee status following a spin-off, specifically the transformation of PT Perkebunan Nusantara III (Persero) Operational Medan into PT Perkebunan Nusantara IV Regional I. Spin-offs often involve organizational restructuring, which may impact employees’ employment status, contracts, and entitlements. Current Indonesian labor regulations, including the Labor Law and the Omnibus Law, do not provide explicit legal certainty for employees in spin-off scenarios, while the Limited Liability Company Law primarily governs asset and liability allocation rather than employee rights. This study analyzes the legal framework, company practices, and challenges in safeguarding employees’ rights during the spin-off process. The findings indicate that employees face uncertainty regarding job security, benefits, and contractual terms due to ambiguous clauses in existing agreements and insufficient regulatory guidance. To address these issues, the study recommends establishing specific regulations for spin-offs, ensuring continuity of employment contracts, strengthening labor supervision, involving trade unions in decision-making, and providing training programs to enhance employee resilience. Government involvement is also critical to monitor compliance and mediate potential disputes. In conclusion, creating clear legal frameworks and corporate policies for spin-offs is essential to guarantee employees’ legal certainty, uphold industrial harmony, and fulfill BUMN’s social responsibilities. Proper implementation ensures that operational efficiency is balanced with the protection of employee rights, promoting sustainable business practices in state-owned enterprises.
Geoeducation for Schoolchildren in Geopark Areas: Enhancing Awareness in Toba Caldera and Kenyir Geoparks Siregar, Mahmul; Tarigan, Vita Cita Emia; Nasution, Zaid Perdana; Hanie, Meidina Zulfa; Adryansyah, Dony; Yulida, Devi
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Geoeducation or geoscience education is an important component in efforts to conserve nature and increase environmental awareness in geopark areas. One example of a geopark area in Indonesia is the Toba Caldera and Kenyir Geopark, the area has extraordinary geological value, as well as the potential to be used as an educational facility for school children. The main problem is that partners, especially schools, still view themselves as not being part of the geopark ecosystem. Therefore, community service activities need to be carried out to encourage partners to contribute, synergize, and benefit from the existence of the geopark. The problem statement that used are how is geo-education in the geopark area today, what is the role of schools/educational institutions in providing education in the geopark area, what steps can be taken to implement geo-education. This study uses a qualitative approach with a library research method. The type of literature study used is a narrative review. The implementation of geoeducation in geopark areas is an important strategy in environmental conservation efforts, strengthening local identity, and increasing awareness of the value of geological heritage from an early age. Schools and educational institutions play a central role in realizing contextual and enjoyable geosite-based education. For this reason, structured steps are needed, starting from identifying geosite potential, developing relevant teaching materials, teacher training, curriculum integration, to direct learning activities in the field. The success of geoeducation is also determined by the availability of adequate educational facilities and strong partnerships between geopark managers, government, schools, local communities, and higher education institutions.
The Validity of Marriage Registration in the Customary Viewpoint Indonesia Puspa Melati; Runtung; Siregar, Mahmul; Zulfi Chairi; Windha; Faradila Yulistari; Lesly Saviera; Saddam Shauqi; Hilbertus Sumplisius M. Wau
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

This study explores the validity of marriage registration according to customary law in Indonesia and its relationship with national legislation. Marriage registration is a crucial element of the Indonesian legal system, as stipulated in Law Number 1 of 1974 concerning Marriage, which aims to provide legal certainty, ensure the legal status of children, and protect the civil rights of couples. However, many indigenous communities still hold fast to the tradition that traditional marriage ceremonies are sufficient to legitimize a marriage without requiring official registration. This study found that although customary law recognizes the validity of marriages through traditional rituals, the neglect of official registration with state institutions has legal consequences, such as unclear legal status for spouses and children in inheritance and population administration matters. This research underscores the need for policy integration between customary law and national law to ensure that the rights of indigenous communities remain protected without neglecting formal legal requirements. Potential solutions include public education and simplifying registration procedures to make them more user-friendly for Indigenous peoples.
Tsunami Disaster Mitigation Based on Eco-Action and Community Participation in Katapiang Village, Pariaman Tarigan, Vita Cita Emia; Mulyadi, Mahmud; Hafizhul Khair AM; Yulida, Devi; Ferdi; Zimtya Zora
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

Katapiang Village faces a high risk of tsunami disaster, given its location on the Indo-Australian and Eurasian plate subduction zones. The majority of Katapiang Village residents depend on the fisheries and agriculture sectors, which makes them vulnerable to the impacts of tsunamis, especially if infrastructure and livelihoods are damaged. Although the government has attempted physical mitigation such as evacuation routes, public and official awareness of the importance of environmental conservation as part of disaster mitigation is still low. One solution offered is an ecosystem-based approach, such as planting mangroves that can function as natural protection against tsunamis. This study aims to examine tsunami disaster mitigation efforts in Katapiang Village, Padang Pariaman Regency, through an eco-action approach and community participation. This study uses a literature study method, with data sources in the form of journals, activity reports, news articles, and documents from local organizations such as JEMARI Sakato and publications from the Regional Disaster Management Agency (BPBD). Eco-action-based mitigation through planting and maintaining mangrove forests is considered potential to strengthen coastal protection against tsunamis, while increasing environmental awareness and economic empowerment of residents. The combination of ecological and participatory approaches is considered relevant and necessary as a locally based adaptive strategy in building the resilience of Nagari Katapiang to disasters.
Blue Carbon: Legal and Social Challenges for Coastal Communities in Indonesia Tarigan, Vita Cita Emia
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v4i02.22650

Abstract

Blue carbon refers to the ability of coastal ecosystems such as mangroves, seagrass meadows and brackish lands to absorb and store large amounts of carbon, making them one of the most effective natural solutions in climate change mitigation. In Indonesia, which has a vast wealth of coastal ecosystems, blue carbon plays an important role not only in maintaining environmental balance, but also in supporting the lives and livelihoods of coastal communities. However, this great potential has not been fully utilized optimally due to various barriers, especially in legal and social aspects. This article aims to examine in depth the role of environmental law in supporting blue carbon management in Indonesia and its impact on coastal communities. The main focus of this study includes tenure issues (land rights and resource access), overlapping and disharmonized regulations between sectors, and low participation of local communities in the process of policy formulation and implementation. Using a normative approach and literature study, this research identifies the need for a clearer, more inclusive, and socially just legal framework for blue carbon ecosystem management. The results of this study are expected to contribute to the formation of policies that are more responsive to environmental sustainability while ensuring the protection of the rights of coastal communities as key stakeholders.

Page 7 of 7 | Total Record : 68

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