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INDONESIA
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 78 Documents
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Multi-Stakeholder Synergy in Waste Management Toward a Clean and Sustainable North Sumatra Zaid Perdana Nasution; Vita Cita Emia Tarigan; Oding Affandi; Hafizhul Khair; Yasmine Anggia Sari; Afriadi Bin Sanusi
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

Waste management in North Sumatra faces complex challenges encompassing technical, legal, institutional, and community behavior aspects. The increase in waste generation, unbalanced with adequate management capacity, impacts environmental quality and public health, thus requiring a sustainable, collaboration-based approach. This research analyzes the legal framework and policy implementation of waste management in North Sumatra through Stakeholder Analysis, exploring the roles, interests, and authorities of local governments, educational institutions, the private sector, and communities in the waste management system. This normative legal research with a limited empirical approach examines national and regional regulations, provincial and district/city policies, as well as field practices. The findings indicate that the legal substance provides an adequate normative basis, but policy effectiveness is hindered by weak institutional structures, limited infrastructure, and inconsistent law enforcement, which reduce public compliance and participation. Multi-stakeholder synergy serves as the key to enhancing effectiveness through policy innovations, institutional capacity building, and changes in community behavior. Strengthening the waste management model oriented toward source reduction, reuse, and environmentally friendly final disposal requires integration of legal substance, institutional structures, and community legal culture. The success of a clean and sustainable North Sumatra depends on consistent cross-sector collaboration within a framework of shared responsibility.
Protection and Intellectual Rights in Over-The-Top (OTT) Services: A Juridical Analysis of HBO Go Inconsistencies Indonesia Ilhamda Fattah Kaloko; Rian Rusmana Putra; Eka Yeremy Augie Putra Jacharia; Ario Ardanis Nainggolan
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

The rapid development of information and communication technology has significantly transformed public consumption patterns, particularly in accessing digital entertainment through internet-based services known as Over The Top (OTT) platforms. Services such as HBO Go operate through subscription-based models that provide flexible, on-demand access to audiovisual content; however, in practice, legal issues frequently arise, including inconsistencies between promised and delivered services and widespread violations of intellectual property rights through digital piracy. This article aims to (1) analyze the legal implications of service inconsistencies experienced by HBO Go users from the perspective of Indonesian consumer protection law, (2) examine the relationship between such inconsistencies and copyright protection in digital content distribution, and (3) evaluate the adequacy of Indonesia’s current regulatory framework in comprehensively governing OTT services. The study employs a normative legal research method using statutory, conceptual, and case approaches by analyzing relevant legislation, particularly Law Number 8 of 1999 concerning Consumer Protection and Law Number 28 of 2014 concerning Copyright, alongside factual cases involving consumer complaints related to access disruptions, unilateral subscription changes, lack of transparency, and digital content piracy, including the illegal distribution of the television series Game of Thrones. The findings indicate that service inconsistencies such as access disruptions, unilateral modifications of subscription packages, and inadequate information disclosure may constitute violations of consumer rights under Indonesian law, while the high prevalence of piracy reflects weaknesses in digital copyright enforcement, resulting in economic and moral losses for content creators and undermining the credibility of legitimate OTT platforms. The study concludes that Indonesia faces a regulatory gap in comprehensively governing OTT services, thereby necessitating the establishment of a specific and adaptive legal framework to ensure effective consumer protection, strengthen intellectual property enforcement, and promote a fair, transparent, and sustainable digital ecosystem.
Indonesian Director’s Duty to Act in the Interest of the Company: Can Human Rights Due Diligence be Included? Bunga Dita Rahma Cesaria
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

Business is nowadays inseparable from the scrutiny of human rights protection measures. Among many instruments that ensure businesses are aligned with human rights protection is the United Nations Guiding Principle on Business and Human Rights (UNGP) which calls for corporate responsibility to respect human rights. One of the principles upheld by the UNGP is Human Rights Due Diligence (HRDD). The Indonesian government recently indicates that, in the renewal of the National Action Plan on Business and Human Rights, HRDD will become mandatory for companies. As the organ that has the duty to manage a company, board of directors will be the one responsible in ensuring that HRDD, when it becomes mandatory, is complied with. Using juridical normative legal research, this paper answers the question on how HRDD can become part of the director’s duty to act in the interest of the company. This paper argues that HRDD is a part of Indonesian director’s duty. Using corporate objective theory, this paper finds that maximizing stakeholder’s interest is a part of fulfilling company’s interest under Indonesian company law that is drafted with collectivism (asas kekeluargaan) in Pancasila. This paper intends to inform business actors on potential additional obligation of director’s duty in the future. It also wishes to inform Indonesian policymaker on potential challenges in the implementation of HRDD such as the broad scope of human rights violation, absence of clear procedures, and risk of more burden for micro, small and medium companies.
Exceeding the 30 Percent Quota: Women's Strategic Participation in Election Monitoring at the Denpasar Election Supervisory Agency (BAWASLU) Anak Agung Gede Ananta Wijaya Sahadewa; Kadek Nadya Pramita Sari Sari
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

This study aims to analyze in depth the role and contribution of women in the supervision process of regional head elections (Pilkada) in Denpasar City, with a focus on their level of involvement in the Denpasar City Election Supervisory Agency (Bawaslu). This study uses an empirical juridical method with a descriptive, qualitative approach, employing direct observation, document analysis, and in-depth interviews with Ni Wayan Eka Lestari, A.Ma as Coordinator of the Human Resources, Organization, and Training Division of Bawaslu Denpasar. The results of the study show that women's participation in election supervisory institutions has shown significant progress, with the composition of Bawaslu Denpasar membership meeting and even exceeding the 30% quota for women's representation, with two of the five commissioners and most of the secretariat staff being women. Women have proven to make a real contribution to maintaining the integrity of the regional elections, particularly through their meticulousness in data verification, their ability to communicate empathetically, and their sensitivity in resolving potential conflicts in the field. However, this study also found several obstacles, such as the double burden of domestic and public responsibilities, as well as the strong influence of patriarchal culture, which still places women in a subordinate position. Therefore, this study recommends strengthening affirmative policies, increasing women's resource capacity, and creating a more equitable and inclusive work environment to encourage women's continued participation in election monitoring.
Marginalized Women in the Political Agenda of North Sumatra: Aspirations for welfare and Legal Protection Detania Sukarja; Harmona Daulay; Mahmul Siregar; Devi Yulida; Annisa Hafizhah
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

This study examines the extent to which gubernatorial candidates in North Sumatra incorporate women’s rights and welfare into their policy agendas, with specific attention to marginalized women. Although the 1945 Constitution of the Republic of Indonesia mandates the state to safeguard the welfare of all citizens, many women in marginalized positions continue to experience limited access to education, healthcare, economic opportunities, and legal protection. Using a qualitative research design, this study draws on in-depth interviews with 12 marginalized women in Medan, including domestic workers, small-scale traders, women with disabilities, and housewives from economically disadvantaged households. The research explores women’s expectations regarding gubernatorial policies that could improve their access to welfare services, education, healthcare, and legal safeguards. The findings indicate that patriarchal social structures, unequal access to public services, and ongoing gender-based violence remain dominant challenges for marginalized women in North Sumatra. Despite gradual improvements in gender equality, substantial disparities persist. While the policy platform of the gubernatorial candidate pair Muhammad Bobby Afif Nasution and Surya identifies women’s empowerment as a strategic priority, the proposed initiatives lack clear operational frameworks. Conversely, the policy agenda of Edy Rahmayadi and Hasan Basri Sagala places limited emphasis on gender-related concerns. Marginalized women express a strong demand for policies that support skills development, access to micro-capital, and more effective legal protection, accompanied by transparent and accountable governance. This study highlights the need for more concrete and inclusive policy commitments to ensure that women’s empowerment becomes an integral component of regional development in North Sumatra.
Implications of Business Certainty for Plantation Companies on Land Release PolicieshImplications of Business Certainty for Plantation Companies on Land Release Policiesh M. Iqbal Asnawi; Radhali; Verianto Dwikaprio Pane; Agung Ibrahim Hasibuan
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

This study analyzes the policy on the partial release of plantation land through the plasma partnership scheme and the Agrarian Reform Object Land (TORA) program from the perspective of legal certainty and the protection of business actors’ rights. The issue arises when the obligation to release land is imposed without a clear compensation mechanism, while companies have lawfully obtained Cultivation Rights (HGU) and invested long-term capital based on the granted land area and duration. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that land release through plasma schemes and TORA does not explicitly regulate fair compensation, thereby potentially creating legal uncertainty and disrupting the investment climate. Normatively, any reduction or acquisition of land rights for public purposes should be carried out through land procurement or revocation mechanisms that require just and adequate compensation. The study concludes that it is necessary to reformulate land release policies based on proportionality and constitutional balance principles to ensure that agrarian reform remains aligned with Pancasila values while safeguarding justice and sustainable investment in the plantation sector.
Identification and Inventory of Customary (Ulayat) Land among the Pakpak Indigenous Community in Dairi and Pakpak Bharat Regencies Andi Nova Bukit, SH., MH; Boy Laksamana, SH., M.Hum; Afrita, SH., M.Hum; D. Shahreiza, SH., MH
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v5i01.24916

Abstract

This study examines the role and function of customary legal structures within the Pakpak Indigenous Community, with particular attention to the preservation of customary norms related to communal land rights, inheritance, marriage, and kinship systems. The research focuses on Sulang Silima, the highest customary legal authority among the Pakpak people, which holds jurisdiction in establishing, interpreting, and enforcing customary norms governing social and legal relations within the community. This study employs a qualitative ethnographic approach to obtain an in-depth understanding of how customary law operates as a living legal system within the Pakpak Indigenous Community. Through field observation and qualitative analysis, the research explores how the institutional structure of Sulang Silima regulates internal governance and decision-making processes, particularly in matters concerning customary land transactions, inheritance arrangements, and kinship obligations. The findings reveal that Sulang Silima functions as a central normative institution that maintains social order and safeguards the collective rights of the Pakpak Indigenous Community. In practice, a customary leader (kepala adat) may be appointed from the same clan to serve as an intermediary between the community and the five elements of Sulang Silima; however, the kepala adat does not possess decision-making authority within the customary legal framework and performs primarily ceremonial functions. Furthermore, customary mechanisms such as pago-pago and ajeg-ajeg play a significant role in legitimizing customary land transactions through communal deliberation and ritual validation. The study concludes that the continued existence of Sulang Silima demonstrates the enduring relevance of indigenous legal systems within Indonesia’s pluralistic legal order. Recognition and protection of customary institutions and communal land rights are therefore essential for ensuring legal certainty, safeguarding indigenous identity, and promoting equitable and sustainable development within the national legal framework.
Juridical Analysis of the Role of the Indonesian National Police Employment Desk in Handling Labor Issues in Indonesia Masyithah Azzahrah Warly Putri; Desi Nurliyanti Putri; Agusmidah; Nita Nilan Sry Rezki Pulungan
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v5i01.25621

Abstract

This study aims to examine the role of the Indonesian National Police Employment Desk within the labor law enforcement system and to identify the forms of labor issue handling carried out by the institution. The Employment Desk of the Indonesian National Police can be interpreted as a unit or working system within the Criminal Investigation Agency of the Indonesian National Police that is responsible for receiving complaints, conducting mediation, and enforcing laws related to labor issues. This research employs a normative juridical method using conceptual and statutory approaches. The legal materials used consist of primary legal materials in the form of laws and regulations related to labor and police institutions, as well as secondary legal materials obtained from books, journals, and official publications concerning labor issues and the Employment Desk of the Indonesian National Police. The results of the study indicate that the establishment of the Employment Desk reflects an expansion of the approach to handling labor issues in Indonesia. Labor issues that were previously resolved mainly through labor supervision and industrial relations mechanisms now also involve police institutions, particularly in cases containing criminal elements and the potential to trigger social conflict. In practice, the Employment Desk not only performs law enforcement functions, but also serves as a complaint mechanism, a facilitator for dispute resolution, and a form of assistance for workers affected by labor issues. Therefore, the existence of the Employment Desk demonstrates an effort to strengthen worker protection and maintain industrial relations stability in Indonesia.

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