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Jurnal Hukum Khaira Ummah
Published by Universitas Islam Sultan Agung
ISSN : 19073119     EISSN : 29883334     DOI : http://dx.doi.org/10.30659/jhku
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 396 Documents
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Force Majeure as a Reason for Release from Debtor's Obligations (Analysis of Settlement of Bank Credit Agreements Delinquent Due to the Earthquake in Yogyakarta) Hanim, Lathifah; Prasetia Wiranto, Agus
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52403

Abstract

This study aims to analyze bank efforts in resolving credit agreements that are in default due to force majeure due to the earthquake in Yogyakarta, examine the principles used in the settlement practices, and formulate the principles that should be prioritized in conditions of fundamental changes in circumstances. The study uses a combined legal method, namely a doctrinal and non-doctrinal approach with a qualitative nature. Data were obtained from primary, secondary, and tertiary legal materials, and strengthened by in-depth interviews and Focus Group Discussions, then analyzed normatively and interactively. The results of the study indicate that the settlement of non-performing loans after the earthquake is no longer solely based on the credit agreement clauses made by the parties, but also on Bank Indonesia's special post-disaster policies. The forms of settlement taken include rescheduling, reconditioning, restructuring, collateral seizure, and execution. This study also found that in practice, settlement is more appropriate through renegotiation between creditors and debtors based on the principle of rebus sic stantibus, rather than solely the principle of pacta sunt servanda. Thus, the principle of rebus sic stantibus is more relevant for use in resolving bad debts due to earthquakes, because it is able to accommodate fundamental changes in circumstances while still paying attention to good faith, proportionality, and justice for the parties.
Implementation of Digital Governance in State Administrative Law in The Village Government System Lutter Ariestino; Agus Prasetia Wiranto
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52404

Abstract

The development of information technology is driving the transformation of government administration down to the village level through the implementation of digital governance. In the context of State Administrative Law, the digitalization of village government is a crucial instrument for improving the quality of public services, transparency, and accountability of village officials. However, its implementation still faces various challenges, both in terms of regulations, human resource capacity, and technological infrastructure. This study aims to analyze the implementation of digital governance in the village government system from the perspective of State Administrative Law, as well as to identify obstacles and necessary strengthening efforts. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of regulations related to village government and electronic-based government systems. The results show that the implementation of digital governance at the village level has a sufficient legal basis, but has not been optimal due to limited access to technology, low digital literacy among village officials, and the lack of comprehensive regulatory harmonization. Furthermore, the implementation of digital systems also raises potential legal issues, such as the protection of public data and the risk of maladministration. From the perspective of State Administrative Law, the implementation of digital governance must remain based on the principles of legality, accountability, transparency, and the General Principles of Good Governance (AUPB). Therefore, it is necessary to strengthen policies, increase the capacity of village officials, and develop equitable digital infrastructure to realize effective, efficient, and equitable village governance.
Legal Review of The Doctrine of Undue Influence (Abuse of Circumstances) in E-Commerce Agreements with Standard Clauses Mega Arum Saputri; Agus Prasetia Wiranto
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52406

Abstract

This study aims to analyze the application of the doctrine of undue influence or abuse of circumstances (misbruik van omstandigheden) in e-commerce agreements that use standard clauses as the primary instrument of legal relations between business actors and consumers in the digital era. The development of electronic transactions has encouraged the use of standard clauses for efficiency, speed, and standardization of services, but on the other hand, raises serious issues related to consumer protection. Standard clauses in digital platforms often place consumers in a "take it or leave it" position, creating an imbalance in bargaining power, thus opening up opportunities for exploitation by dominant parties. In these conditions, consumers often do not have adequate opportunities to understand, negotiate, or reject the contents of the agreement due to limited information, urgent needs, or dependence on certain digital services. This study uses a normative juridical method with a statutory and conceptual approach to examine positive legal norms and relevant contract law doctrines. The results show that the element of abuse of circumstances, both economic and psychological, can be fulfilled when business actors exploit their dominant position to establish clauses that are disproportionate and detrimental to consumers. This practice demonstrates that standard clauses in e-commerce do not always reflect contractual fairness, but instead can reinforce the dominance of business actors. Therefore, while standard clauses are permitted in modern business practices, their application must be limited by the principles of good faith, balance, and protection of the weaker party to prevent them from becoming a means of abuse, leading to contractual unfairness and a decline in trust in the digital ecosystem.
The Existence of Management Rights (HPL) in Property Investment: Legal Certainty and Economic Opportunities Soegianto, Soegianto
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52369

Abstract

Management Rights (HPL) are state-issued control rights, the implementation of which is partially delegated to rights holders, such as government agencies, local governments, or certain public legal entities. In Indonesia's property investment ecosystem, HPL plays a strategic role as a legal instrument that enables the private sector to utilize state assets. This legal relationship pattern is usually manifested in the form of the granting of Building Use Rights (HGB) or Use Rights over HPL land, which is based on a land use agreement between the HPL holder as the authority and the investor as the property developer. This study aims to analyze in depth the legal status of HPL following the enactment of regulatory transformation through Law Number 6 of 2023 concerning the Stipulation of the Job Creation Regulation into Law, which was then technically implemented in Government Regulation Number 18 of 2021. This legal reform brought significant changes, particularly in providing certainty over a longer and more integrated period for granting rights. However, on the other hand, this integration also requires strict synchronization between the public interest in protecting state assets and the private interest in obtaining certainty of return on investment. The research findings indicate that while the new regulatory regime offers significant opportunities for optimizing state and regional assets, the existence of HPLs still faces a number of legal and practical challenges. The primary challenge lies in the potential for dual authority in determining the annual mandatory fee rate and the mechanism for recommending rights extensions, which are often considered bureaucratic. This situation creates the risk of cost uncertainty for property investors, given that HPL holders have broad discretionary authority in determining the terms of the cooperation agreements that underlie the issuance of land rights over the HPL. In conclusion, the effectiveness of HPLs as a catalyst for property investment depends heavily on the implementation of transparency and accountability principles by the rights-holding institutions. Strengthening legal certainty for investors must be balanced with a robust oversight mechanism to prevent HPLs from becoming an obstacle to the investment climate due to unprofessional governance. This research recommends standardizing fairer land use agreement clauses and simplifying administrative procedures for rights extensions, in order to create a more competitive and sustainable property investment ecosystem in the future.
Settlement of Disputes Due to Default on the Ground of Force Majeure: A Review Based on Articles 1244 and 1245 of the Civil Code Hanim, Lathifah; Prasetia Wiranto, Agus
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52405

Abstract

Force majeure is often used as a reason for debtors to escape responsibility for failure to fulfill their obligations (default). This study aims to analyze the criteria for circumstances that can be categorized as force majeure and how the dispute resolution mechanism for default arising from it is based on the perspective of Article 1244 and Article 1245 of the Civil Code (BW). The research method used is normative juridical with a statutory approach and a conceptual approach. The results show that Articles 1244 and 1245 of the BW provide legal protection for debtors to avoid paying costs, damages, and interest, provided that the debtor can prove the existence of an event beyond their control that could not have been predicted beforehand. However, the application of these articles in disputes often creates ambiguity regarding the boundaries between the difficulty of contract implementation (hardship) and the impossibility of contract implementation (impossibility). Dispute resolution in this area ideally prioritizes the principle of good faith through contract renegotiation to achieve a win-win solution before resorting to litigation.
Force Matters of Negligence in Removing The Debtor's Liability In Civil Agreements Hanim, Latifah; Wiranto, Agus Prasetia
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52401

Abstract

This study aims to analyze the role of force majeure in eliminating debtors' responsibilities in civil agreements and examine the limitations of its application in legal practice in Indonesia. Force majeure is a condition beyond the capabilities and desires of the parties that causes performance to be unable to be fulfilled, thus having implications for the elimination of the debtor's compensation obligation. The main problem in this study is how the concept of force majeure is regulated in Indonesian civil law and the extent to which such conditions can be used as a basis for exempting debtors from their responsibilities. The research method used is normative legal research with a statutory and conceptual approach, which is analyzed qualitatively. The results show that force majeure has an important position as a justification that can exempt debtors from the obligation to pay compensation, as stipulated in the provisions of the Civil Code. However, not all circumstances can be categorized as force majeure; rather, they must meet certain elements such as being unpredictable, occurring beyond the debtor's fault, and being unavoidable. In practice, the interpretation of force majeure often gives rise to differences, especially in determining whether an event truly meets the criteria for force majeure. Therefore, it is necessary to have clearer legal parameters to ensure legal certainty and justice for the parties to the agreement.

Page 40 of 40 | Total Record : 396

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