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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol. 1 No. 2 (2024): JHK-February" : 4 Documents clear
Regulating The Use Of Smart Contract In Indonesia Saputri , Fitri Arianti
Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.84

Abstract

There are many characteristics of the industrial revolution 4.0, one of which is the rapid development of technology, one of which is the existence of smart contracts. A smart contract is an agreement made by two or more parties that is generated automatically from a code guaranteed by a technology called blockchain. Nick Szabo was the first to introduce smart contracts. In Indonesia, smart contracts do not yet have specific arrangements in their implementation. There are only basic arrangements regarding agreements, namely in Book III of the Civil Code to be precise in Article 1320, as well as arrangements regarding electronic contracts in Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. However, even though this smart contract only contains basic rules, it does not make it an agreement that is prohibited by the government, as long as an agreement or contract does not conflict with the law and meets the basic requirements, an agreement can be legally binding. Therefore, in this writing, it is necessary to further examine what are the rules governing smart contracts in Indonesia. The research method applied in this paper is to use qualitative normative juridical, which is a separate focus in describing a problem related to regulations or rules that exist in Indonesia. The results of this study will then find a broader elaboration of regulations for the use of smart contracts in Indonesia and how this smart contract system can work using blockchain technology.
Validity Of Marriage And Registration Of Different Religions After The Constitutional Court Decision Number 24/PUU-XX/2022 (Study of Determination Number 155/PDT.P/2023/PN.Jkt.Pst) Fadilah, Nurul; Harahap, Burhanudin; Purwadi , Hari
Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.112

Abstract

This study aims to analyze the considerations of the Central Jakarta District Court Determination Number 155/PDT.P/2023/PN.Jkt.Pst which granted the registration of interfaith marriages in the perspective of the Indonesian legal system and its implications for the duties and authority of Notaries. This research is prescriptive with a statutory case approach and case approach method. The legal materials used are primary legal materials and secondary legal materials. The legal material collection technique is done through literature study. The research analysis is done by deductive method. The research found that by ignoring the Constitutional Court decision, in essence, the judge of the Central Jakarta District Court has reduced the position of the Constitutional Court as the guardian of the constitution and the Pancasila ideology. Considering that Pancasila is stated in the Preamble of the 1945 Constitution. Therefore, negating the Constitutional Court decision means the same as negating the Constitution and Pancasila. The Determination of the Central Jakarta District Court Number 155/PDT.P/2023/PN.Jkt.Pst indirectly affects the validity of marriage agreement deeds made by notaries. To avoid legal problems in the future for notaries and the parties involved, notaries must adhere to the principle of caution and provide legal counseling to the parties who will make interfaith marriage agreement deeds before a notary.
Legal Consequences Of Annulment Of A Prenuptial Agreement In Marriage Between Individuals Of Different Nationalities Soraya, Joice; Althafzufar, Muhammad Ansy
Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.116

Abstract

The author discusses the effects of annulment of prenuptial agreements in mixed marriages and how it affects the ownership of flats on land acquired after the marriage. Marriages between individuals of different nationalities often involve complex legal aspects, especially in the context of the annulment of prenuptial agreements. This research aims to investigate the legal consequences of annulment of prenuptial agreements in marriages between individuals of different nationalities. The text utilizes a normative legal approach conducted through literary research and a legislative approach. The study demonstrates the consequences of nullifying a prenuptial agreement in a mixed marriage, leading to joint ownership of assets acquired during the marriage and potentially affecting the ownership rights of apartment units on freehold land. Indonesian residents may lose their rights to an apartment unit (sarusun) in a freehold property if a prenuptial agreement was not made in a mixed marriage, as per domestic rules. After invalidating the prenuptial agreement, the Court should provide provisions to legally protect Indonesian citizens (WNI) regarding the ownership of apartment units on land with property rights status.
Community Participation in the Formation of Regional Regulations to Realize the Indonesian Welfare State Hindiawati , Wahyu
Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.118

Abstract

The 1945 Constitution of the Republic of Indonesia (UUD 1945), as the basic law, is a general agreement (consensus) of citizens regarding basic norms (grundnorm) and basic rules (grundgesetze) in state life. This agreement primarily concerns shared goals and ideals. Sovereignty is held by the people. People's active participation includes, among other things, political activities and government activities. Active participation from the people includes, among other things, decision making, implementation and monitoring of policies. It is from this large participation of the people that can create a government of the people, by the people, and for the people in order to realize prosperity. This research uses normative legal research methods or what is usually called normative legal research. Normative legal research is research carried out by analyzing or studying the laws and regulations that apply or are applied to a particular legal problem. The results and conclusions of this research are as follows: 1) In the formation of regional regulations, community aspirations are needed and of course balanced with community involvement, including 1. Involvement in drafting regional regulations; 2. Involvement in the process of discussing regional regulations; 3. Involvement in the implementation of regional regulations; 2) Implementation of regional regulations in realizing prosperity, namely regional regulations can be interpreted as community services at the provincial, district/city level. The government must be able to create development of community creativity in order to achieve shared prosperity.

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