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Alvan Maulana Azzayni
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INDONESIA
Journal Customary Law
Published by Indonesian Journal Publisher
ISSN : 3026460X     EISSN : 3026460X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Customary Law is an international legal journal that publishes research and theoretical articles related to various legal fields. The journal aims to provide scholarly and authoritative articles that discuss legal issues of current importance to both academic research and legal practice. JCL has a national and international readership and publishes refereed contributions from authors around the world. The journal also publishes review articles, but only for selected or invited authors, containing critical notices of recently published books. JCL addresses specific issues on private law, criminal justice, constitutional law, human rights, administrative law, international law, and Islamic law. JCL publishes peer-reviewed articles to increase the efficiency of the process and ensure the quality of published articles. JCL extends its warm welcome for authors to submit their research or theoretical articles that contribute to the development of legal knowledge in these fields. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Umum - Umum
Articles 166 Documents
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Advokasi Kepatuhan Perizinan UMKM oleh Program Studi Hukum UMSIDA Adelia Alvisa W; Noor Fatimah Mediawati
Journal Customary Law Vol. 3 No. 1 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i1.6266

Abstract

This study examines the issue of low legal compliance and business legality among Micro, Small, and Medium Enterprises (MSMEs) in Sidoarjo Regency, particularly regarding business licensing through the Online Single Submission (OSS) system and the issuance of Business Identification Numbers (NIB). The purpose of this research is to analyze the role of assistance provided by the Law Study Program of Universitas Muhammadiyah Sidoarjo in improving MSME legal compliance. This research employs an empirical juridical method with a qualitative descriptive approach using interviews, observations, and documentation. The results indicate that legal socialization, OSS training, and technical assistance in NIB issuance effectively increase legal awareness and understanding among MSMEs. In conclusion, legal assistance has a positive contribution to improving MSME compliance and creates a significant impact on sustainable and lawful business development.
Pengaturan Dark Patterns Sebagai Tindak Pidana Dalam Hukum Perlindungan Konsumen di Indonesia Risa Rifa’ul Azizah; Mochammad Tanzil Multazam
Journal Customary Law Vol. 3 No. 1 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i1.6267

Abstract

The development of digital technology has encouraged the use of interface design in electronic business activities including the practice of dark patterns which may influence consumer decision making through unbalanced information. This practice raises legal issues because it can reduce consumer rights to correct information and freedom of choice as regulated in Law Number 8 of 1999 on Consumer Protection. This study analyzes the regulation of dark patterns within consumer protection law and examines their potential classification as criminal acts based on the Consumer Protection Law the Criminal Code Law Number 1 of 2023 and the Law on Electronic Information and Transactions. This research uses a normative legal method with a statutory approach. The results show that although not explicitly regulated dark patterns may be classified as acts of business actors that violate legal obligations and cause harm to consumers and may fulfill criminal elements under certain conditions.
Pertanggung Jawaban Hukum Produsen Terhadap Hilangnya Keanekaragaman Hayati Mikroba Tanah Akibat Penggunaan Pestisida Dwi Nila Seni Wati; Emy Rosnawati
Journal Customary Law Vol. 3 No. 1 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i1.6269

Abstract

The massive use of pesticides in modern agriculture not only increases productivity but also has a negative impact on the environment, particularly the loss of soil microbial biodiversity. Soil microbes play an important role in maintaining soil fertility and ecosystem balance. This study aims to analyze the responsibility of pesticide manufacturers for the loss of soil microbial biodiversity due to pesticide use. The method used is normative juridical with a statute approach. Primary legal materials include Law No. 32 of 2009 concerning environmental protection and management. Secondary legal materials include books, journals, and scientific articles relevant to this study. The results show that the protection of soil microbes has not been explicitly regulated, although pesticide producers can be held accountable through administrative, civil, and criminal mechanisms, including the principle of strict liability.
Tinjauan Yuridis SEMA No. 3 Tahun 2023 terkait Pisah Enam Bulan dalam Perkara Perceraian Ditinjau dari Prinsip Keadilan Martin Heo; Noor Fatimah Mediawati
Journal Customary Law Vol. 3 No. 3 (2026): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.6268

Abstract

The high divorce rate in Indonesia prompted the Supreme Court to issue SEMA No. 3 of 2023, which establishes a six-month separation period as a requirement for divorce, in accordance with the principle of making divorce more difficult. This provision has sparked various controversies because it is considered not to fully ensure justice, particularly for victims of psychological domestic violence who face greater difficulties in proving their case compared to victims of physical domestic violence, and has raised debates regarding the role of SEMA within the Indonesian court system. This study was conducted to examine the status of SEMA No. 3 of 2023 within the Indonesian judicial process and to assess the appropriateness of the six-month separation requirement for divorce from the perspective of the principle of justice. The research method employed a normative legal approach based on legislation and conceptual frameworks; the analysis was conducted using primary and secondary legal sources relevant to the research subject. Based on the research findings, SEMA No. 3 of 2023 is an internal policy that serves as a guideline for judges in divorce cases and exerts a strong influence on judicial practice. While aimed at reducing the divorce rate, the six-month separation requirement is considered not to fully uphold the principle of justice in its application, as it still creates disparities in legal protection for victims of psychological domestic violence and opens the door to manipulation in divorce proceedings. Therefore, this provision still needs to be evaluated to better ensure protection and justice for all parties involved in the judicial process.
Perlindungan Terhadap Ekosistem Laut Yang Terganggu Oleh Aktivitas Wisata Bahari Diniah Anisatus Nafisah; Emy Rosnawati
Journal Customary Law Vol. 3 No. 2 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i2.6270

Abstract

Indonesia is known as the country with the largest archipelago in the world, making it a country with enormous potential for marine tourism. Maritime tourism has the potential to contribute significantly to the country's economic growth, but this development can also have a negative impact on the marine ecosystem. This study aims to analyse the protection of marine ecosystems that are disturbed by maritime tourism activities. The method used is normative juridical with a statute approach. Primary legal materials include Law No. 32 of 2009 concerning Environmental Protection and Management, Law No. 1 of 2014 concerning Coastal Zone and Small Island Management -Small Islands, Law Number 18 of 2025 concerning Tourism, Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management, and Regulation of the Minister of Marine Affairs and Fisheries Number 28 of 2021 concerning the Implementation of Marine Spatial Planning. Secondary legal materials, such as literature, journal articles, law books, and expert opinions supporting this research. The results of the study show that marine tourism activities have several regulations to govern them through provisions aimed at preserving the marine ecosystem. These regulations were created to provide restrictions and guidelines for the use of the marine ecosystem as a marine tourism object in order to prevent damage caused by marine tourism activities, thus requiring the role of various parties to avoid these negative impacts.
Pertanggung Jawaban Direksi P2P Lending Dalam Hal Terjadinya Perbuatan Melawan Hukum Terhadap Investor Sabina Rokhimallah; Sri Budi Purwaningsih
Journal Customary Law Vol. 3 No. 2 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i2.6276

Abstract

The growth of information technology-based lending services or peer-to-peer (P2P) lending in Indonesia has provided a financing alternative for the public while simultaneously offering investors opportunities to deploy their capital. Although P2P lending offers various advantages, investors remain exposed to significant risks, particularly the possibility of financial losses arising from unsuccessful financing activities or unlawful conduct committed by platform operators or other related parties. The implementation of P2P lending creates a legal relationship involving three main parties, namely the platform operator, the borrower, and the investor. Each party is bound by rights and obligations derived from applicable laws as well as contractual agreements entered into by the parties. Based on these circumstances, this research focuses on examining the civil liability of directors of P2P lending platform companies when unlawful acts result in financial losses for investors. The study also explores the legal relationships formed among the parties participating in P2P lending transactions and analyzes the legal grounds on which directors may be held civilly responsible for investor losses. This research adopts a normative legal research method using a statutory approach. The analysis is based primarily on the Civil Code, Law Number 40 of 2007 on Limited Liability Companies, and Financial Services Authority Regulation (POJK) Number 10/POJK.05/2022 concerning Information Technology-Based Funding Services. Secondary legal materials consist of scientific articles obtained through a Google Scholar search using the keywords "Digital Startups in the Event of Unlawful Acts." The results of this study indicate that there are three legal relationships in P2P lending that place providers in a strategic position to manage risk. Organizers and directors can be held civilly liable if negligence is proven to meet the requirements of Article 1365 of the Civil Code. To improve investor protection, this study recommends strengthening the accountability and governance of organizers.
Pengaturan Hukum Penggunaan Artificial Intelligence (AI) Pada Sistem Kesehatan Nasional Arinda Rismadianty; Lidya Shery Muis
Journal Customary Law Vol. 3 No. 3 (2026): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.6278

Abstract

Using Artificial Intelligence (AI) in healthcare can help make services faster, improve the accuracy of diagnoses, and enhance the overall quality of medical care. Indonesia hasn't created specific laws that control how AI is used in healthcare yet, which raises worries about patient safety, protecting personal information, and who is responsible if something goes wrong. This study looks into the legal rules for using AI in Indonesia's healthcare system and wants to create a hybrid regulations that combines ideas from the United States and Germany (European Union). The research uses a legal approach that compares different systems and uses general ideas to show that current rules are too broad and don't properly handle the unique dangers that come with artificial intelligence. So, a hybrid regulation system that mixes flexible risk-based approaches with strong preventive measures is seen as the best way forward for Indonesia.
Analisis Perubahan Komisi Sepihak oleh Seller Sebagai Perbuatan Merugikan Affiliator dalam Program Afiliasi Tiktok Shop Tokopedia Wanda Elvinatus Sofie; Mochammad Tanzil Multazam
Journal Customary Law Vol. 3 No. 2 (2026): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i2.6279

Abstract

This study aims to analyze the legal relationship among the parties involved in the TikTok Shop Tokopedia affiliate program, to examine unilateral commission changes by sellers as acts causing losses, and to assess the application of actio pauliana as a legal protection mechanism for affiliators. The research employs a normative juridical method with a statutory approach, analyzing the Indonesian Civil Code, the Electronic Information and Transactions Law, the Shop Seller Terms of Service, the TikTok Shop Creator Terms of Use, and the Regulation on Electronic System and Transaction Providers. The results indicate that affiliators function as independent marketers whose economic rights arise after fulfilling their promotional obligations, while sellers possess the authority to determine commissions and the platform acts as an electronic system provider. Unilateral commission changes by sellers may cause losses to affiliators; therefore, actio pauliana may be applied as a repressive legal remedy. In addition, affiliators may undertake preventive measures through transaction documentation, dashboard monitoring, and direct electronic agreements with sellers. In conclusion, this study clarifies the structure of legal relationships within digital affiliate programs and provides a legal protection framework for affiliators in mitigating potential risks of economic loss.
Pertanggungjawaban Ahli Gizi Dalam Program Makan Bergizi Gratis Prespektif Hukum Kesehatan Nola Hananda Agnesia; Rifqi Ridlo Phahlevy
Journal Customary Law Vol. 3 No. 3 (2026): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.6284

Abstract

The Free Nutritious Meal (MBG) Program aims to improve nutritional conditions in society, particularly for school-aged children and vulnerable groups. However, the implementation of this program still poses risks of issues such as food poisoning and malnutrition, which can lead to legal implications for nutritionists. This study employs a juridical-sociological (empirical) method using both statutory and sociological approaches. Primary data sources include Law Number 17 of 2023 concerning Health and Law Number 18 of 2012 concerning Food. Secondary data comprises books, articles, and interviews with nutritionist experts. The data were analyzed using qualitative descriptive analysis. The results of this study indicate that nutritionists bear the responsibility to design menus, monitor food quality, and ensure food safety, alongside legal liability in the event of food poisoning or malnutrition. The authority of nutritionists is limited to technical aspects related to nutrition and food safety within a supervisory capacity, whereas strategic decisions remain under the authority of the SPPG management. Despite challenges such as unstable raw material quality, delivery delays, logistical difficulties, and price fluctuations, if negligence occurs and leads to an incident, the liability is generally administrative. However, it can escalate to criminal liability if it results in fatalities.
Proses Akuisisi dalam PT Jembatan Nusantara oleh PT ASDP Indonesia Ferry (Persero) Ditinjau dari Prinsip Business Judgment Rule dan Good Corporate Governance Aditya Tri Buana; Sri Budi Purwaningsih
Journal Customary Law Vol. 3 No. 3 (2026): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.6285

Abstract

This study analyzes legal certainty regarding the application of the Business Judgement Rule principle and examines compliance with corporate law principles related to GCG in the actions taken by the Board of Directors of PT ASDP Indonesia Ferry when conducting a business cooperation and acquisition of PT Jembatan Nusantara. The method used in this study is normative legal research that refers to legal literature research by examining the law in various situations, including norms, rules, principles, doctrines, theories, and other literature. The results of the analysis show that the Board of Directors of PT ASDP has carried out its fiduciary duty properly in managing the company in relation to the Business Cooperation (KSU) and acquisition of PT Jembatan Nusantara, as evidenced by its prudence, good faith, and responsibility, as well as its compliance with the articles of association as stipulated in the Limited Liability Company Law. The Board of Directors of PT ASDP deserves legal protection under the Business Judgement Rule principle and cannot be held personally liable for corporate actions taken in the course of managing the company. With the fulfillment of the five principles of Good Corporate Governance, the actions of the Board of Directors of PT ASDP Indonesia Ferry (Persero) cannot be classified as actions that deviate from good corporate governance or as abuse of authority. On the contrary, the actions of the Board of Directors constitute the exercise of professional, rational, and responsible management functions, even though they involve business risks.

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