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Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Published by Lembaga Pengembangan Kinerja Dosen
ISSN : 30466148     EISSN : 30465680     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora dengan e-ISSN : 3046-5680, p-ISSN : 3046-6148 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh Pusat riset dan Inovasi Nasional, Lembaga Penelitian dan Pengabdian Masyarakat Lembaga Pengembangan Kinerja Dosen. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun: Januari, April, Juli dan Oktober.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 222 Documents
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Optimization of the Role of Lawyers in Debt Restructuring and PKPU in Indonesia: A Juridical Study on the Protection of Debtors and Creditors Vidya Ayuningtyas; Clarisa Clarisa; Novita Rahmawati; Albertus Satrio; Kristanta Kristanta; Luthfian Hananta; Anggo Doyoharjo
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.3064

Abstract

Debt restructuring and Suspension of Debt Payment Obligations (PKPU) are legal instruments in the Indonesian bankruptcy system aimed at providing legal protection and maintaining a balance of interests between debtors and creditors. In practice, the PKPU process is not only related to the settlement of debts but also involves business continuity, legal certainty, and the stability of the business world. This research aims to analyze the position and optimization of the role of advocates in debt restructuring and the PKPU process in Indonesia, as well as to examine their role in providing legal protection for both debtors and creditors. The research uses a normative juridical method with a legislative and conceptual approach thru the analysis of Law Number 37 of 2004 concerning Bankruptcy and PKPU, Law Number 18 of 2003 concerning Advocates, the Civil Code, as well as various regulations related to the resolution of commercial disputes. The research results show that lawyers hold a strategic position not only as legal representatives in Commercial Courts but also as legal advisors, negotiators, and debt restructuring facilitators who play a role in maintaining the balance of legal protection for the parties involved. The optimization of the role of lawyers is necessary thru the strengthening of professionalism, integrity, business competence, and a business rescue approach so that the PKPU and bankruptcy processes are not misused as tools of business pressure, but rather become means of fair, effective, and legally certain commercial dispute resolution.
Implikasi Hukum Perkawinan Campuran WNI dan WNA Terhadap Status Kewarganegaraan Anak dibawah Umur
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 4 (2025): Oktober: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i4.2423

Abstract

The research titled “Legal Implications of Mixed Marriages between Indonesian Citizens and Foreign Nationals on the Citizenship Status of Minors” discusses the legal consequences arising from marriages between Indonesian citizens (WNI) and foreign nationals (WNA), particularly regarding the determination of the citizenship status of minors. Mixed marriages often create legal complexities due to differences in citizenship systems between countries, which affect the rights and legal standing of children. The research problems focus on two main issues: how Indonesian positive law regulates the citizenship status of children born from mixed marriages, and how the state provides legal protection for such children. This study employs a normative legal research method with a statutory approach, analyzing relevant laws, doctrines, and court decisions. The results show that although Law Number 12 of 2006 on Indonesian Citizenship has improved the previous system by recognizing limited dual citizenship for children, its implementation still faces several obstacles. Complicated bureaucracy, a lack of understanding among officials, and persistent discriminatory practices remain major challenges. Therefore, it is necessary to reform the legal framework and administrative system of citizenship management to ensure that the principles of non-discrimination and the best interests of the child are effectively and fairly realized.
Tinjauan Kritis atas Sikap Pemerintah Indonesia terhadap Kelompok Kriminal Bersenjata di Papua terhadap Sejumlah Korban Sipil dan Militer
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 4 (2025): Oktober: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i4.2438

Abstract

The Indonesian government has long faced complex armed conflicts, particularly in Papua, involving security forces and Armed Criminal Groups (KKB). This conflict has had a major impact, not only in terms of casualties involving the military and civil society, but also in terms of broader social and political impacts. A more security-oriented approach by the government is often questioned, because on the one hand, it exacerbates human rights violations, creates a negative stigma against the Papuan people, and further limits the space for constructive political dialogue. This ongoing tension has worsened relations between the central government and Papuans, who have long felt marginalized. In addressing these issues, it is important for governments to develop a more holistic approach, by strengthening protection of civil society, increasing transparency and accountability, and opening up space for inclusive dialogue between all relevant parties. A sustainable settlement requires not only security management, but also serious attention to the well-being, rights of the Papuan people, and recognition of their cultural diversity and political aspirations. Going forward, approaches that prioritize dialogue and reconciliation can open up opportunities to achieve a more just and sustainable peace.
Analisis Aspek Substansif dan Prosedural pada Sengketa Wanprestasi Pembiayaan Akad Murabahah: (Studi Kasus Putusan Pengadilan Agama)
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 4 (2025): Oktober: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i4.2439

Abstract

The development of Islamic banking in Indonesia has introduced the murabahah contract as one of the most dominant financing products. However, in practice, this contract often gives rise to legal disputes, particularly due to default by customers who fail to fulfill their payment obligations in accordance with the agreement. This study focuses on the Palangka Raya Religious Court Decision Number 1/Pdt.GS/2024/PA.PLK, which is noteworthy because, although the substance of the claim has a strong legal basis, it was deemed inadmissible due to a formal defect in the special power of attorney. The aim of this research is to analyze how substantive aspects related to default in murabahah contracts and procedural aspects concerning the mechanism of simplified lawsuits, as well as the validity of a special power of attorney, can affect dispute resolution.This article employs a qualitative method with a normative juridical approach, encompassing legislation, conceptual analysis, and case studies. Primary data were obtained from court decisions, while secondary data were drawn from legal regulations and literature studies. The study shows that substantively, the defendant was proven to be in default for failing to fulfill payment obligations under the murabahah contract, giving the plaintiff a strong legal basis to file a claim. However, procedurally, the lawsuit was inadmissible because the submitted special power of attorney did not meet formal requirements, rendering the plaintiff’s legal representative unauthorized to act on their behalf. The implications of these findings indicate that the success of resolving Islamic banking disputes is not solely determined by the strength of the claim’s substance, but also heavily depends on compliance with the applicable civil procedural laws. Therefore, fulfilling procedural requirements is a crucial factor in ensuring the effectiveness of dispute resolution in Islamic banking.
The Legal Status of Lawful Landowners and Legal Protection in Land Possession Disputes Without Rights Under National Agrarian Law
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 1 (2026): Januari: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i1.2893

Abstract

Land ownership disputes without rights are a common land issue that disrupts legal certainty for legitimate landowners. Although the national land law system has regulated land registration and the issuance of certificates as forms of legal protection, in practice conflicts are still found between physical possession and legal ownership. This research aims to analyze the legal status of the rightful landowner and the forms of legal protection in land ownership disputes without rights. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results show that land ownership certificates have strong evidentiary power and place the legitimate landowner in a more protected legal position, while unauthorized land possession does not gain legal legitimacy and can be qualified as an unlawful act. Therefore, legal protection for legitimate landowners must be consistently enforced to achieve legal certainty and justice in the field of land ownership.
Unlawful Land Certificate Acquisition and its Implications for Legal Certainty of Land Rights in Indonesia
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 1 (2026): Januari: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i1.2894

Abstract

The illegal acquisition of land certificates is a serious problem in Indonesia's land law system because it has the potential to eliminate legal certainty regarding land rights. Certificates that are supposed to serve as strong proof of rights can still be obtained thru unauthorized possession, manipulation of legal data, or deviations from administrative procedures. This research aims to analyze the acquisition of illegal land certificates from a land law perspective and its legal implications for legal certainty. The research method used is normative legal research with a statutory approach and a conceptual approach, examining Law Number 5 of 1960, Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021. The research results indicate that land certificates obtained illegally contain legal defects and can be revoked, and also have administrative, civil, and criminal legal implications that directly disrupt legal certainty regarding land rights. Therefore, consistent law enforcement and strengthening the land registration system are needed to ensure legal protection and certainty of land rights in Indonesia.
Implikasi Putusan Mahkamah Konstitusi Nomor 105/PUU-XXII/2024 terhadap Penegakan Hukum Pencemaran Nama Baik UU ITE: Analisis Judicial Review di Indonesia
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.2974

Abstract

The Constitutional Court Decision Number 105/PUU-XXII/2024 has significantly reshaped the legal construction of defamation provisions under the Electronic Information and Transactions Law (EIT Law), particularly by limiting the interpretation of the phrase “other persons” to natural persons (natuurlijk persoon) only. This study aims to analyze the implications of the decision on legal certainty as well as its impact on litigation practices and legal protection for legal entities in Indonesia. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the decision enhances legal certainty by clarifying previously ambiguous norms that often led to the criminalization of freedom of expression. However, the restriction of legal subjects has shifted the legal protection mechanism for legal entities from criminal to civil remedies under Article 1365 of the Civil Code. This shift poses challenges in terms of effectiveness, particularly due to more complex litigation processes and the lack of deterrent effect compared to criminal sanctions. Therefore, a balanced approach is required between protecting freedom of expression and safeguarding institutional reputation, alongside strengthening regulations and public legal awareness to achieve justice, legal certainty, and legal utility.
Tinjauan Hukum Penanaman Modal Asing di Sektor Perbankan dan Dampaknya Terhadap Kinerja Saham Perbankan di Pasar Modal
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.2975

Abstract

This paper focuses on a legal review of foreign investment regulations in Indonesia, a crucial aspect that underpins most of the discussion. Furthermore, it frequently highlights the implications of legal regulations on investment, including foreign investment, in several related regulations, such as the Job Creation Law and the Investment Law, for market volatility, corporate governance, and stock prices in Indonesia. This paper emphasizes a normative-empirical context, focusing on a review of capital market investment regulations and secondary analyses conducted through several journals reporting on the effectiveness of foreign investment for local companies, enhancing their image as local companies, a trend inevitably driven by local interests. This is further supported by the use of various important theories, such as foreign investment theory, the legal framework for foreign investment, stock performance theory, and efficient investment, as crucial theoretical considerations in the discussion. The point of the results of the discussion in this writing is then emphasized on its focus, namely the results of the review of the legal regulations regarding capital markets that include foreign capital markets, which also discusses the results of research reports from various journals related to the implications of foreign investment regulations as well as the challenges and discussions of harmonization regarding existing investment regulations in Indonesia.
Evaluasi Implementasi Undang-Undang Perlindungan Data Pribadi pada Kasus Kebocoran Data Pengguna E- Commerce di Indonesia: (Studi Kasus Perlindungan Data Pribadi)
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.2980

Abstract

The rapid growth of the e-commerce sector in Indonesia has significantly increased the use of personal data in digital transactions, which in turn has led to more complex risks of data breaches. This issue reflects a gap between technological advancement and the readiness of adequate data protection systems. This study aims to analyze the implementation of Law Number 27 of 2022 on Personal Data Protection in addressing data breaches on e-commerce platforms and to identify factors influencing its effectiveness. The research employs a normative legal method with a statutory and literature approach. The findings indicate that although the regulation provides a strong legal foundation, its implementation still faces several challenges, including weak supervision, low compliance among business actors, and limited public awareness in protecting personal data. In addition, technical vulnerabilities and human error are identified as the primary causes of data breaches. The implications of this study highlight the importance of strengthening supervision, improving data security standards by e-commerce platforms, and enhancing public education to establish a more effective and sustainable personal data protection system in Indonesia.
Perbandingan Peraturan Penanaman Modal Asing dan Penanaman Modal dalam Negeri di Indonesia
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.2981

Abstract

This study examines the legal implications of the regulation of foreign investment (FDI) and domestic investment within the Indonesian legal system, as well as its relation to national economic sovereignty. The background of this research is rooted in the need of developing countries, including Indonesia, to attract investment in order to promote economic growth while still safeguarding national interests as mandated by the constitution. This research employs a normative juridical method with statutory and conceptual approaches. The results show that although foreign and domestic investments are regulated under a single legal framework through Law Number 25 of 2007, there are significant differences in terms of legal subjects, business entities, as well as ownership and sectoral restrictions. These differences do not constitute discrimination, but rather reflect the state’s protective legal policy. On the other hand, foreign investment brings positive impacts such as capital inflow, technology transfer, and market expansion. However, it also poses potential risks, including economic dependency and reduced policy autonomy. Therefore, a balance between investment openness and regulatory control is necessary to ensure that economic sovereignty is maintained and the benefits of investment can be optimally realized for society.

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