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Agus Rahmad
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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 5 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2026): JHK - February" : 5 Documents clear
Contractual Freedom and its Limits in Modern Civil Law Governance Pelupessy, Berd Elkiopas
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.542

Abstract

The principle of freedom of contract is one of the main pillars of Indonesian civil law that guarantees the private autonomy of the parties in forming and determining the content of the agreement. However, in modern civil law practice, this principle is no longer understood as absolute, but rather experiences limitations to achieve justice and balance in contractual relationships. This study aims to analyze the position of the principle of freedom of contract in the Indonesian civil law system, while also examining the form and implications of its limitations through the principles of good faith, propriety, balance of the parties, as well as state intervention and the role of judges. The research method used is normative legal research with a statutory, conceptual, and doctrinal approach, which is based on an analysis of the provisions of the Civil Code, especially Articles 1320, 1337, 1338, and 1339, and supported by the opinions of scholars and the development of modern civil law doctrine. The results of the study indicate that the principle of freedom of contract remains relevant as a foundation for legal certainty and economic dynamics, but its application is limited to protect the weaker party and prevent abuse of bargaining position. These restrictions actually strengthen substantive justice without eliminating legal certainty, by shifting the paradigm of freedom of contract from formal freedom to freedom that is just and responsible.
Consumer Protection Law as an Extension of Civil Law Governance Pelupessy, Sella Petrix
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.543

Abstract

The Civil Code, designed in a private relationship that is assumed to be balanced, often fails to provide effective protection for consumers as the economically and informationally weaker party. In this context, Law Number 8 of 1999 concerning Consumer Protection is present as a corrective instrument that extends the power of civil law governance, while simultaneously translating the constitutional mandate of Article 28D paragraph (1) of the 1945 Constitution into the realm of civil relations. This research uses a normative legal research method with a statute approach and a conceptual approach. Analysis is carried out on the provisions of the Consumer Protection Law, the Civil Code, and constitutional norms, by examining legal principles, the theory of lex specialis derogat legi generali, and the doctrine of legal interpretation that has developed in judicial practice. The purpose of this research is to examine the position of the Consumer Protection Law in the Indonesian civil law system, and to reconstruct the legal interpretation of the relationship between the Consumer Protection Law and the Civil Code so that consumer protection can function optimally without eliminating the general character of civil law. The research findings indicate that the Consumer Protection Act (UUPK) functions as a lex specialis, expanding and correcting general civil law by restricting freedom of contract, reversing the burden of proof, and strengthening the responsibilities of business actors. A systematic and teleological reconstruction of interpretation is necessary to address the ambiguity of norms and inconsistencies in law enforcement, so that civil law can achieve fair legal certainty and substantive protection for consumers
Civil Law Responsibility in Artificial Intelligence-Driven Decision Making Pelupessy, Eddy
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.544

Abstract

The use of artificial intelligence (AI) in legal, economic, and social decision-making has created significant legal implications in the realm of civil law. The shift from human-based decisions to autonomous algorithmic decisions raises the question of who should be held responsible when AI decisions cause harm. In the context of Indonesian law, this issue is increasingly complex because the civil legal framework still relies on the paradigm of fault-based liability as formulated in Article 1365 of the Civil Code, while AI is not recognized as a legal subject. This study aims to examine the normative framework for regulating artificial intelligence in the Indonesian legal system and analyze the construction of civil legal liability for AI-based decision-making. The research method used is normative legal research with a limited statutory, conceptual, and comparative approach. The results show that Indonesian positive law still experiences a normative vacuum in regulating accountability, standards of responsibility, and protection mechanisms for victims of AI decisions. This study confirms that the application of the concept of fault-based unlawful acts is difficult to implement effectively due to the autonomous and non-transparent nature of AI. Therefore, this study recommends the reconstruction of civil legal responsibility through the application of strict liability and risk-based liability, mapping the chain of responsibility, and strengthening the principle of prudence and victim protection to realize legal certainty and substantive justice in the era of artificial intelligence.
Land Ownership without Legal Certainty: Problems of Unregistered Land Rights Mofu, Marselina Ivony
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.547

Abstract

Land, as a source of life and an instrument of social justice, holds a fundamental position in the Indonesian legal system. Although land registration is regulated by the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997, practice shows that many land rights remain unregistered, giving rise to legal certainty issues. This article aims to analyze the legal status of unregistered land within the national land system and formulate a reconstruction of legal protection to address the existing normative ambiguity. This study uses a normative legal research method with a statutory, conceptual, and case-based approach, analyzed qualitatively and prescriptively. The results indicate that the ambiguity of norms regarding the legal consequences of unregistered land and the status of non-certificate evidence has weakened the function of registration as an instrument of legal certainty. A negative publication system with a positive tendency results in certificates only having strong but not absolute evidentiary force, while unregistered land is vulnerable to disputes. Normative reconstruction is needed through affirming the deadline and legal consequences of registration, strengthening the principle of good faith, harmonizing with civil evidence law, and strengthening the publication system through digitization and integration of land data. This reformulation has implications for preventing agrarian conflicts, increasing state legitimacy, and realizing just legal certainty.
Implications of the Implementation of the New Indonesian Penal Code in 2026 on Legal Certainty and Human Rights Arianti, Fitri; Noviya, Anis
Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2026): JHK - February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i2.549

Abstract

The reform of national criminal law through Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift from a colonial legacy to a codification oriented toward Pancasila values ​​and the protection of human rights. Its full enactment in 2026 raises fundamental questions regarding its implications for legal certainty and the guarantee of citizens' constitutional rights. This study aims to analyze the consistency of the principle of legality, the lex certa principle, and their compliance with human rights standards, including the International Covenant on Civil and Political Rights. The method used is normative legal research with a statutory, conceptual, and analytical-prescriptive approach, through a review of primary and secondary legal materials and grammatical, systematic, and teleological interpretations. The results show that the new Criminal Code normatively strengthens the national codification and integrates more humanistic and restorative criminal goals. However, the expansion of material legality through the recognition of living law in society and the existence of several formulations of crimes with the potential for multiple interpretations poses the risk of legal uncertainty and disproportionate restrictions on rights. Therefore, the success of the Criminal Code reform depends heavily on the consistency of constitutional interpretation, strengthening of due process of law, and the mechanism for testing norms to ensure a balance between legal certainty and the protection of human rights

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