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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 78 Documents
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Practice of Determining Notary Honorarium Related to Authentic Deed Preparation Services Saleh, Moh.; Darmawan, Aldio
Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i2.286

Abstract

A notary is a public official authorized to create authentic deeds and exercise other authorities as outlined in the UUJN and other relevant laws. While the primary function of a notary is to draft authentic deeds, their authority extends beyond this role. This study aims to analyze how the UUJN regulates the honorarium for a notary’s services beyond the creation of authentic deeds. The research adopts a normative juridical approach, focusing on legal principles and statutory regulations. It highlights that the minimum notary fee is not explicitly defined in the UUJN or other related laws. Although there are provisions regarding notary fees for drafting authentic deeds, there is a lack of clarity on fees for other notarial services. This ambiguity can lead to varied interpretations and practices in determining notarial fees, potentially affecting the standardization of notarial services. Given the importance of a notary’s role in legal transactions, clearer regulations regarding fees for non-authentic deed-related services are necessary. Establishing a well-defined framework would enhance transparency, ensure fairness, and maintain professional standards. Therefore, further legal evaluation and potential amendments to the UUJN may be needed to address this issue effectively
Implementation of the Child Protection Act: Evaluation and Recommendations Tasya, Tasya
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.245

Abstract

The implementation of the Child Protection Law in Indonesia is an important step to guarantee children's rights and provide protection from various forms of violence and exploitation. Although there is a supporting legal framework, challenges in its implementation often hinder the effectiveness of this law. This study aims to evaluate the implementation of the law, identify influencing factors, and provide recommendations for improving policies and practices in the field. Through the Systematic Literature Review (SLR) approach, this study collects and analyzes various relevant literature on the implementation of the Child Protection Law. The results of this study indicate a gap between formulated policies and practices in the field, and provide insight into the steps that need to be taken to improve the effectiveness of child protection in Indonesia. With these findings, it is hoped that it can be a reference for policy makers, legal practitioners, and the community in strengthening child protection in Indonesia
Marketplace Responsibilities and Sanctions in Cases of Consumer Losses (Futuristic Legal Perspective) Amaliya, Lia; Dewi, Sartika; Arafat, Zarisnov; Asyhadi, Farhan; Rosidawati , Imas
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.318

Abstract

Marketplace is a platform that has the task of acting as an intermediary between sellers and buyers to carry out the product transaction process online. Although from a business perspective it will benefit consumers, producers and the marketplace itself, from a legal perspective there will be many consequences that arise because there are no specific regulations governing this marketplace. Based on this, it raises the issue of whether the marketplace can be held legally responsible for consumer losses and how future laws can ensure that the marketplace is responsible for consumer losses that occur. With the normative legal method, the author analyzes laws and regulations, policy regulations, principles of e-commerce implementation, and principles of responsibility, which show that the marketplace platform as an electronic system organizer has legal responsibility in the event of losses to consumers. Conclusion Responsibility Related to the responsibility of business actors is regulated in Article 19 of Law No. 8 of 1999, while in Law Number 19 of 2016 in Article 15. And in Government Regulation Number 80 of 2019 it is regulated in Article 22 paragraphs (1) and (2). Although Indonesia already has regulations related to buying and selling through e-commerce platforms, their implementation is still considered ineffective in addressing consumer rights protection issues, so it is necessary to revise and harmonize inclusive laws and regulations, ensuring normative clarity and fairness in handling consumer rights violations in the marketplace.
The Role of Notaries in Civil Agreements Legality and Validity of Deeds Sari, Ratih Mega Puspa; Iskandar PP, Agus; Lumingkewas, Cindy Sandra; Mariani, Mariani
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.321

Abstract

This study aims to analyze the role of notaries in ensuring the legality and validity of deeds as legal instruments in civil agreements. The main focus of this study is how notaries through their authority in making authentic deeds can provide legal protection and create legal certainty for the parties who agree in civil legal relations. The method used is the normative legal research method with a statute approach, a conceptual approach, and a case approach. Data were obtained from primary legal materials such as laws and court decisions, secondary legal materials in the form of literature and scientific articles, and tertiary legal materials as a complement. Data collection techniques were carried out through literature studies and analyzed descriptively-qualitatively. The results of the study show that notaries play a vital role in ensuring the formal and material validity of an agreement through the authentic deeds they make. Notaries not only act as public officials who record the will of the parties, but also as guardians of professionalism, integrity, and legal order in society. Therefore, enforcement of professional standards and supervision of notarial practices are important in ensuring that notarial functions run in accordance with the principles of justice and legal certainty
Regulation and Sanctions Against Unfair Business Competition: Challenges in Law Enforcement Polontoh, Herry; Saputri, Fitri Arianti
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.322

Abstract

This study aims to examine the effectiveness of regulations and legal sanctions in overcoming unfair business competition practices and identify the main challenges in law enforcement in Indonesia. The method used is a normative legal research method, with a statute approach, a conceptual approach, and a case approach. The focus of the study is directed to the analysis of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and its implementing regulations, as well as its application in several decisions of the Business Competition Supervisory Commission (ICC). The results of the study show that in substance, the existing regulations are adequate to regulate and prohibit unfair business competition practices. However, implementation in the field still encounters a number of serious obstacles, such as the limited authority of ICC, difficulties in proving in practice, and weak legal awareness among business actors. Therefore, legal reforms are needed aimed at strengthening ICC's institutions, simplifying legal procedures, and imposing stricter sanctions to create a deterrent effect. In addition, sustainable political commitment and public education are also needed as part of a long-term strategy to create a healthy, fair, and competitive business competition climate in Indonesia
Legal Power of Authentic Deeds and Underhand Deeds in Civil Cases Flora, Henny Saida
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.327

Abstract

This study aims to analyze and compare the legal force between authentic deeds and deeds under hand in civil cases in Indonesia. The focus of the study is directed at how the two types of deeds function as written evidence in the evidentiary process in court, and the extent to which they provide legal certainty for the parties. The method used is normative legal research, which is research based on an analysis of legal norms in laws and regulations, legal doctrines, and court decisions. The approaches used include the statute approach, the conceptual approach, and the case approach. The results of the study show that authentic deeds made by public officials have perfect evidentiary power, both formally and materially, and provide higher legal certainty in the settlement of civil cases. Meanwhile, the deed under hand has a weaker evidentiary power because it relies on the acknowledgment of the parties who made it or reinforcement through legalization and additional proof. Therefore, to strengthen the legal position of deeds under hand, it is necessary to increase public legal literacy and update regulations that provide clarity regarding legalization and recognition of its evidentiary power before the law.
The Urgency of Civil Law Reform in Responding to the Development of Artificial Intelligence in Automatic Contracts Khuan, Hendri
Jurnal Hukum dan Keadilan Vol. 2 No. 4 (2025): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i4.363

Abstract

The rapid development of Artificial Intelligence (AI) technology has led to the emergence of smart contracts that revolutionize conventional contract law practices. However, Indonesia's civil law system, which still relies on the Civil Code (KUHPer), has yet to accommodate digital entities or address the validity of AI-generated contracts. Furthermore, there is no clear regulation regarding legal liability for errors or damages caused by AI in the implementation of automated contracts. This research aims to analyze the urgency of Indonesian civil law reform in addressing the rise of AI-based contracts and to provide normative recommendations for developing technology-adaptive laws. This study uses a normative juridical method with statutory, conceptual, and comparative legal approaches, examining regulations in Indonesia and other jurisdictions such as the European Union and Singapore. The study finds that Indonesia’s current Civil Code is inadequate to address the complexities of smart contracts, particularly regarding the legal status of AI as a non-human actor, the validity of automated agreements, and liability for AI-driven decisions. The discussion emphasizes the importance of legally recognizing smart contracts and reformulating civil law norms to include digital legal subjects, clear validation mechanisms for AI-generated contracts, and the principles of prudence and accountability. In conclusion, reforming civil law is a strategic necessity to ensure legal certainty, uphold justice, and support the sustainable development of Indonesia’s digital economy.
Business Cooperation Agreements in the Perspective of Civil Law: Legal Risks and Protection Mambu, Joupy Gustaf Z
Jurnal Hukum dan Keadilan Vol. 2 No. 4 (2025): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i4.378

Abstract

Business cooperation agreements are a form of contractual that is increasingly used in modern business practices, even though it is not explicitly regulated in the Civil Code and is classified as an innominate agreement. This study aims to analyze the validity and form of legal protection in business cooperation agreements based on normative juridical approaches. The main focus of the research is on the fulfillment of the legal requirements of the agreement (Article 1320 of the Civil Code), the principle of freedom of contract (Article 1338), and the potential violation of the principle of business competition as regulated in Law No. 5 of 1999. The results of the study show that although freedom of contract provides flexibility for the parties, the substance of the agreement must still meet the standards of fairness and compliance with positive laws. An imbalance in the relationship between the parties involved as well as unilateral clauses can create legal risks and contractual unfairness. Therefore, it is important to apply the principles of good faith, clarity of clauses, and adaptive dispute resolution mechanisms. This study recommends strengthening the contract structure based on the principles of fairness and dual compliance with civil law and business competition law as an effort to realize legal, fair, and competitive cooperation in the eyes of the law.
Synergy of Trademark Protection and Consumer Rights: A Legal Analysis on the Prevention of Product Counterfeiting Hulman Panjaitan; Andrew Bethlen; Paltiada Saragi; Tomson Situmeang
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.420

Abstract

:  This study examines legal protection for consumers in cases of product counterfeiting through the perspectives of consumer protection law and trademark law. The phenomenon of product counterfeiting is increasingly prevalent in Indonesia, causing harm not only to original producers but also endangering consumers as the most vulnerable party. This research employs a normative juridical method with a statute approach and a conceptual approach. Data sources consist of primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials such as literature, journals, and expert opinions. The analysis is conducted qualitatively, emphasizing legal interpretation of applicable norms. The findings indicate that consumers are highly vulnerable in cases of product counterfeiting due to limited access to information, knowledge asymmetry, and the difficulty of distinguishing between genuine and counterfeit products. Legal protection can be pursued through two pathways: prevention and enforcement. Preventive legal strategies include strengthening regulations, integrated supervision, and consumer education. Meanwhile, enforcement is carried out through both criminal and civil legal actions against counterfeiters. Furthermore, the synergy between trademark protection and consumer protection serves as a crucial pillar in preventing counterfeiting practices, as both complement each other in ensuring justice, legal certainty, and utility. This study underscores the importance of the involvement of all stakeholders government, producers, consumers, and law enforcement authorities in establishing a layered protection system. Thus, the ultimate goal of consumer protection is not only to provide legal certainty but also to foster a fair and healthy trading environment.
The Constitutional Court's Position as the Guardian of the Constitution: Between Independence and Political Intervention Narwadan, Theresia Nolda Agnes; Mulyana, Yusep; Fauzan, Fauzan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.427

Abstract

This study discusses the position of the Constitutional Court (MK) as the guardian of the constitution in facing the dilemma between independence and political intervention. Using the Systematic Literature Review (SLR) approach by searching 915 articles, this study succeeded in identifying 50 relevant articles which were then analyzed thematically. The results of the study show that the independence of the Constitutional Court is still vulnerable to political pressure, both through the mechanism of appointment of judges, revisions of the Constitutional Court Law, and the practice of non-procedural dismissal. This phenomenon is in line with the global pattern of democratic backsliding that has also occurred in other countries such as Hungary, Turkey, and Poland, where the constitutional judiciary is weakened through court-packing strategies and legislative control. The main findings of the study confirm that controversial decisions, such as Decision No. 90/PUU-XXI/2023, have a direct impact on the legitimacy of the Constitutional Court in the eyes of the public and cause debates regarding ethics and conflicts of interest. The recommendations offered include reforming the merit-based selection mechanism of judges, protecting the term of office from political interference, and strengthening external oversight based on public participation. Thus, this study emphasizes the importance of adaptive and transparent institutional design so that the Constitutional Court is able to carry out its optimal role as the guardian of the constitution in maintaining the rule of law and democratic integrity in Indonesia.

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