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INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 116 Documents
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LEGAL PROTECTION OF CIVILIANS DURING THE IRAN-ISRAEL CONFLICT ACCORDING TO THE 1949 JANEVAL CONVENTION Anandika Abrar Tamba; Muhammad Nasir Sitompul
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
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International law is law that applies to all countries globally. Civilians in any armed conflict are guaranteed international legal protection, as armed conflict falls within the scope of international law. The international legal provisions governing the protection of civilians are contained in the 1949 Geneva Convention.            This study discusses the legal protection of civilians in the midst of the armed conflict between Iran and Israel. The research method used in this study is normative juridical with a statutory approach, combining library research with an examination of official regulations directly related to the legal issues and problems faced by civilians during armed conflict.            The research results indicate that both countries committed serious violations and are suspected of violating the 1949 Geneva Conventions and are liable for such violations. This research is expected to enrich the literature on international law, particularly regarding humanitarian law and the protection of civilians during armed conflict.
CRIMINAL OFFENSE OF ATTACKING THE HONOR OF THE PRESIDENT AND VICE PRESIDENT OVER CONCERNS ABOUT CRIMINALIZING FREEDOM OF OPINION IN THE PUBLIC Zidane Zykrie Balfas; Erwin Asmadi
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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This research is motivated by the reform of the national criminal law through Law Number 1 of 2023 concerning the Criminal Code which again regulates the offense of assaulting the honor of the President and Vice President and causing polemics in the community regarding the potential criminalization of freedom of opinion. In the context of a democratic country, the existence of these norms raises a tension between the protection of the dignity and dignity of state officials and the guarantee of human rights, especially freedom of expression. Therefore, this study aims to analyze the regulation of the offense of assaulting the honor of the President and Vice President in the old Criminal Code and the 2023 Criminal Code, examine its limitations and qualifications, and assess its urgency from the perspective of protecting public freedom of opinion.The method used in this study uses a type of normative juridical research with a descriptive nature and a legislative, conceptual, and case approach. The data sources used include primary, secondary, and tertiary legal materials obtained through literature studies both offline and online. The data collection technique is carried out through library research, while the data analysis uses a qualitative method by examining relevant legal norms, principles, and doctrines to obtain systematic and comprehensive conclusions.Based on this research, it can be described that the regulation of the offense of assaulting the honor of the President and Vice President in the 2023 Criminal Code shows a fundamental difference compared to the old Criminal Code, especially through the change in the nature of the offense to a complaint offense that provides more proportional protection. Furthermore, the limitations and qualifications of the offence have been formulated by emphasizing the element of "attacking honour" in order to distinguish between legitimate criticism and contempt, although it still requires a clear interpretation to avoid multiple interpretations. In addition, the urgency of regulating this delicacy is still needed as a form of protection for the dignity of state officials, but it must be balanced with strict implementation guidelines, human rights-based interpretation, and strict supervision so that it is not misused as a tool of criminalization of public freedom of opinion.
OBJECTION MECHANISM TOWARDS DECISIONS OF THE CONSUMER DISPUTE RESOLUTION AGENCY IN FINANCING DISPUTES MOTOR VEHICLE Adel Fitriyan Lubis; Padian Adi Salamat Siregar
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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Consumer disputes in motor vehicle financing often occur between consumers and business actors, especially regarding default, withdrawal of financing objects, and the application of standard clauses that are detrimental to consumers. To provide fast, simple, and low-cost dispute resolution, Law Number 8 of 1999 concerning Consumer Protection established the Consumer Dispute Resolution Agency (BPSK) as an out-of-court dispute resolution institution, but there is still a legal remedy for objections to the District Court which has the potential to raise legal certainty issues. This research is a normative legal research with a statutory approach and a case approach that aims to analyze the authority of BPSK, the mechanism for examining objections to BPSK decisions at the Medan District Court, and the form of legal protection for consumers and business actors.The research findings indicate that objections to BPSK decisions represent a form of judicial oversight by the District Court over the BPSK's authority and procedures. However, in practice, objection hearings often focus not only on legality and procedural aspects but also on reopening the underlying dispute, leading to inconsistent decisions and reducing legal certainty. Furthermore, the absolute boundaries of authority between the BPSK and the District Court in handling motor vehicle financing disputes remain unclear.
LEGAL ANALYSIS OF BREACH OF PROMISE (BREACH OF PERFORMANCE) IN THE DECISION OF THE RANTAUPRAPAT DISTRICT COURT NUMBER 9/Pdt.GS/2022/PN RANTAUPRAPAT Raja Achmad Parluhutan Rambe; Andryan Andryan
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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This study examines the application of civil law to a case of default in the Rantauprapat District Court Decision Number 9/Pdt.GS/2022/PN Rantauprapat. The research method uses a normative juridical approach with literature review and decision analysis. The results show that the judge has applied the provisions of the Civil Code, specifically Articles 1243 and 1250, by imposing a debt repayment obligation, a 6% per annum moratorium interest, and seizing collateral on the defendant's assets. This decision reflects legal protection for creditors and the application of the principle of pacta sunt servanda. However, obstacles to the execution of the decision and the slow judicial process remain major obstacles. This study recommends improving regulations related to the execution of decisions and the application of dwangsom to ensure legal certainty.
MECHANISM OF EXAMINATION AND PROOF IN THE SETTLEMENT OF BUSINESS COMPETITION DISPUTES BY THE BUSINESS COMPETITION SUPERVISORY COMMISSION (STUDY OF DECISION No.04/ICC- I/2016) Ratih Ayunda; Bisdan Sigalingging
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Healthy business competition is an important element in realizing a fair and efficient economy. However, in practice, there are still violations of business competition laws, especially the practice of pricing that has the potential to cause unfair business competition. To enforce these provisions, Law Number 5 of 1999 establishes the Business Competition Supervisory Commission (ICC) as an independent institution that is authorized to conduct examinations and proofs of business actors who are suspected of violating the provisions of the competition law. This study aims to analyze the mechanism of examination and proof by ICC in resolving business competition disputes through a study of Decision Number 04/ICC-I/2016. The research method used is normative legal research with a legislative approach and a case approach.  The results of the study show that the examination and proof mechanism carried out by ICC has been carried out in accordance with the provisions of the applicable laws and regulations. In the process, ICC uses evidence in the form of witness statements, expert statements, letters and documents, instructions, and statements from business actors, including the application of indirect evidence in pricing cases. Decision No. 04/ICC-I/2016 shows that the use of indirect evidence can strengthen the confidence of the commission panel in proving the existence of violations, although in practice there is still debate regarding evidentiary standards and legal certainty for business actors.
LEGAL RESPONSIBILITY OF BUSINESS ACTORS IN BLIND BOX (MYSTERY BOX) SALES TRANSACTIONS THAT CAUSE LOSSES FOR CONSUMERS ON SHOPEE (COMPARATIVE STUDY OF CIVIL LAW AND ISLAMIC FIQH) Nazwa Redzlya Cantika; Farid Wajdi
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
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E-commerce gives rise to blind box buying and selling with uncertain transaction objects that have the potential to violate sharia principles and consumer protection and give rise to legal liability for business actors. This study examines the concept of legal liability of business actors in blind box buying and selling transactions (mystery boxes) that cause losses to consumers from a civil law perspective, blind box buying and selling transactions (mystery boxes) in relation to the principle of justice and the prohibition of gharar or maisir in the view of Islamic jurisprudence and a comparison between the regulation of legal liability of business actors in blind box buying and selling transactions (mystery boxes) according to civil law and Islamic jurisprudence, and their relevance to consumer protection in the Shopee marketplace. This type of research is normative law with a descriptive character. The methodology applied includes a statutory regulatory approach (Statute Approach). The research materials are sourced from primary data in the form of Islamic Law, including the Qur'an and Hadith (Sunnah of the Prophet), also Civil Law, especially the Consumer Protection Law and related regulations, accompanied by secondary data including textbooks, legal dictionaries, legal journals, and other relevant legal documents. The legal material collection technique was carried out through literature study, then the data processing and review were carried out using qualitative analysis. The results of the study found that the practice of blind box buying and selling still gives rise to legal liability for business actors, both under civil law and Islamic jurisprudence, because the unclear object of the transaction has the potential to violate the valid conditions of the agreement and the principle of justice. In civil law, business actors can be held accountable under the Consumer Protection Law, while in Islamic jurisprudence this practice is considered to contain elements of gharar and maisir and is therefore invalid under sharia. The different approaches have the same goal, namely to protect consumers through transparency, transaction fairness, and business actor accountability.
Occupation legal efforts by the community over land rights dispute of PT. Nusantara Plantation IV Regional II North Sumatra Najwa Aisyah Fitri; Rahmat Ramadhani
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Right to Use Business (HGU) is a land right granted by the state to a legal entity to cultivate state land within a certain period of time. In practice, the physical control of plantation land by the community (occupation) often causes legal conflicts, especially over land that is still burdened by HGU, as happened to PT. Nusantara Plantation IV Region II North Sumatra. This study aims to analyze the legal position of HGU holders, examine legal arrangements regarding plantation land occupation by the community, and identify legal remedies that can be taken in resolving these conflicts. This study uses an empirical legal method with a sociological juridical approach and is descriptive analytical. Data was obtained through literature studies and field research, including interviews with related parties, then analyzed qualitatively. The results of the study show that PT. The Nusantara IV Regional II North Sumatra Plantation has a legal status as an HGU holder as long as the right is still valid and used according to its designation. Occupation of plantation land without a valid basis of rights is an unlawful act that is contrary to agrarian laws and regulations. Legal remedies that can be carried out include non-litigation settlements through mediation and coordination with the government and the National Land Agency, as well as litigation settlement through the courts to obtain certainty and legal protection.
L LAW ENFORCEMENT AGAINST ENVIRONMENTAL DAMAGE DUE TO ILLEGAL GOLD MINING (Study in Mandailing Natal Regency) Ahmad Fauzan Noor; Padian Adi Salamat Siregar
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
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The environment is crucial for human survival and therefore must be protected and managed sustainably. However, in practice, illegal gold mining activities often cause serious environmental damage. Mandailing Natal Regency is one of the regions with significant gold potential, but many mining activities are carried out without permits and without due regard for environmental aspects. These activities cause various impacts, such as river pollution, forest destruction, and landscape changes. Based on these conditions, this study formulates the problem of environmental damage caused by illegal gold mining, criminal law enforcement against perpetrators, and obstacles faced in the law enforcement process.This study employs an empirical legal research approach with a descriptive analytical approach. Data were obtained through fieldwork and literature review. Data collection was conducted through interviews with relevant parties and a review of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively using a deductive approach.            The research results show that illegal gold mining activities in Mandailing Natal Regency have caused various forms of environmental damage, both physical and chemical. This damage includes changes in the landscape due to land clearing, the formation of former mining pits, erosion and landslides around rivers, and water pollution due to the use of hazardous chemicals such as mercury. Furthermore, mining activities also damage forest areas and disrupt the balance of the ecosystem. Criminal law enforcement against perpetrators of illegal gold mining has essentially been carried out by law enforcement officials through preventive and repressive efforts. However, in practice, law enforcement still faces various obstacles, such as limited apparatus resources, weak oversight, and socio-economic factors of communities that depend on mining activities for their livelihoods.
THE FUNCTION OF THE DPRD'S RIGHT OF INTERPLATION IN SUPERVISION OF REGIONAL HEAD POLICIES Ade Hilmy Raihan; Mukhlis Mukhlis
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
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The Regional People's Representative Council (DPRD) has an equal position and works closely with the government. Therefore, the Regional Representative Council is required to incorporate community aspirations into regional policies and carry out its oversight function. Duties of the Regional People's Representative Council (DPRD). Taking into account the duties and authorities of the Regional People's Representative Council (DPRD), this will result in an increase in the role and function of the regional legislative body or the Regional People's Representative Council (DPRD) in terms of legislation, oversight, and budgetary functions. In addition, Law of the Republic of Indonesia Number 13 of 2019 concerning the Third Amendment to Law Number 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council will also enhance these roles and functions. One of the important duties of the Regional People's Representative Council (DPRD) is to carry out its oversight function.The research takes up the problem of the implementation of the DPRD's right of interpellation function in supervising regional head policies. Obstructing the implementation of the DPRD's right of interpellation in supervising regional head policies. The legal consequences of the DPRD's right of interpellation in supervising regional head policies.Results and Discussion of the Implementation of the DPRD's Interpellation Rights Function on the Supervision of Regional Head Policies, namely the DPRD and the regional head have a supervisory relationship, both as members and as institutions. Obstacles to the Implementation of the DPRD's Interpellation Rights on the Supervision of Regional Head Policies, namely One of the obstacles that often occurs in the implementation of the DPRD's interpellation rights is differences of opinion between members and factions. The DPRD's interpellation rights can be proposed if they receive approval from a DPRD plenary session attended by more than half of the DPRD members. The DPRD's interpellation rights can be hampered if the proposal submitted does not receive approval from the DPRD plenary session. The legal consequences of the DPRD's interpellation rights on the supervision of regional head policies, namely the Legal consequences of the Implementation of the DPRD's interpellation rights against the Regional Government can give rise to various significant legal consequences. Legal consequences refer to the consequences or results that arise as a result of an action, decision, or event that is regulated or influenced by law.
Efektivitas Regulasi dan Sanksi Hukum dalam Mengatasi Persaingan Usaha Tidak Sehat di Indonesia Syahbana Syahbana; Khairil Azmi Nasution
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
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Persaingan usaha tidak sehat seperti praktik kartel dan monopoli masih menjadi tantangan serius bagi stabilitas ekonomi nasional meskipun telah diatur dalam UU No. 5 Tahun 1999. Penelitian ini bertujuan mengevaluasi efektivitas regulasi dan sanksi hukum serta merumuskan rekomendasi kebijakan untuk memperkuat penegakan hukum persaingan usaha di Indonesia. Menggunakan metode penelitian hukum normatif dengan pendekatan perbandingan internasional dan sosiologis, hasil penelitian menunjukkan bahwa penegakan hukum terhambat oleh keterbatasan kewenangan eksekutorial KPPU, kesulitan pembuktian pada perkara kartel, serta sanksi administratif yang belum memberikan efek jera karena dianggap sebagai biaya bisnis (cost of doing business). Selain itu, perkembangan ekonomi digital memunculkan tantangan baru seperti algorithmic pricing yang belum terjangkau regulasi konvensional. Penelitian menyimpulkan bahwa revisi UU No. 5 Tahun 1999 sangat mendesak guna memperkuat kewenangan eksekusi KPPU, menerapkan sanksi progresif berbasis persentase keuntungan, dan meningkatkan literasi hukum pelaku usaha. Reformasi ini krusial untuk mewujudkan demokrasi ekonomi yang berkeadilan sesuai amanat Pasal 33 UUD 1945.

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