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Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 79 Documents
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The Effectiveness of The Use of Arbitration as an Alternative to Dispute Resolution in Indonesia Astri, Annisa Dewinda; Harmono, Harmono; Fathurohman, Dadan Taufik
Jurnal Legisci Vol 2 No 6 (2025): Vol 2 No 6 June 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i6.764

Abstract

Background. Dispute resolution is a crucial element in the Indonesian legal system, with arbitration as an alternative that offers flexibility and efficiency. However, public interest in arbitration is still low, even though it is regulated in Law Number 30 of 1999. Aims. This study aims to identify the factors that affect the low use of arbitration and propose solutions to improve public preferences. Methods. The research method used is normative juridical, with data collection through literature studies that include legal documents, books, and academic articles. Result. The results show that the limited public understanding of the benefits of arbitration, the perception of high costs, and doubts about the independence and transparency of arbitrators are the main factors that hinder public interest. Conclusion. To build public trust, intensive socialization and education efforts, clearer cost management, and increased regulations related to arbitrators' independence are needed. Implementation. Thus, arbitration is hoped to be a more competitive and desirable option for dispute resolution in Indonesia
Legal Study Of The Process Of Establishing Community Organization Institutions (Csos) And The Role Of The Kesbangpol Agency In Cirebon Regency Febriani, Khairina; Sutrisno, Endang; Nurhaki, Ari
Jurnal Legisci Vol 2 No 6 (2025): Vol 2 No 6 June 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i6.779

Abstract

Background. This research examines the normative juridical aspects of the process of establishing community organizations (CSOs) and the role of the National and Political Unity Agency (Kesbangpol) in dealing with the problem of dualism of CSOs in Indonesia, focusing on regulatory changes from Law Number 17 of 2013 to Law Number 16 of 2017 concerning Community Organizations. This change has a significant impact on freedom of association because the government now has the authority to dissolve mass organizations without going through a judicial process. Aims. The primary objective of this study is to examine the legal implications of the regulation and assess the strategic role of Kesbangpol in resolving internal conflicts within mass organizations, particularly in the context of leadership dualism. The research method employed is normative juridical, utilizing a legislative approach and a literature study. Method. Normative juridical research is a method of legal research that involves examining primary, secondary, and tertiary legal materials to analyze how these legal norms are applied in reality. The primary focus of this method is on positive legal norms, so the object of study is relevant legal documents, laws, regulations, and legal theories. Result. The study's results show that, although the regulatory changes aim to maintain national stability and prevent radicalism, there is a potential violation of human rights and democratic principles. Meanwhile, Kesbangpol has a vital role in supervising and fostering mass organizations, but is often limited by technical and budgetary regulations. Conclusion. A thorough evaluation of the effectiveness of the role of Kesbangpol and a review of the policy of dissolving CSOs are needed to ensure alignment with the constitution and the principles of the rule of law. Implementation. This research is expected to contribute to the development of constitutional law and the protection of civil liberties in Indonesia
Normative Studies of Restorative Justice As A Form of Fulfillment of The Rights Of Crime Victims In The Indonesian Criminal Justice System Nurhaqi, Ari
Jurnal Legisci Vol 2 No 6 (2025): Vol 2 No 6 June 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i6.882

Abstract

Background: Everyone has the potential to commit crimes, which means violating human rights. With this restriction, which affects us as human beings, given that others are suspected of violating human rights, it is a must. Aim, such an attitude has not been seen when someone sees a police officer who is suspected of violating human rights. Methods and literature review used in this paper Results, In police institutions, there are policies such as Discretion, Community Policing (Polmas), Alternative Dispute Resolution (ADR), and Restorative Justice, which include victims in their implementation. The existence of this policy affects the settlement of criminal acts by the police. Conclusions. The existence of this policy affects the police's settlement of criminal acts.
Construction of Marketplace Responsibility In Consumer Protection of Digital Halal Products In Indonesia Dwijaya, Ananda Gymnastiar; Harmono, Harmono
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.898

Abstract

Aims. This study analyzes the construction of marketplace liability in protecting consumers of halal products in Indonesia's digital economy. Methods. The research employs a normative legal method with statutory, conceptual, comparative, and case approaches. Data were obtained from primary legal materials such as laws, government regulations, and ministerial regulations, as well as secondary sources, including academic journals and reports from halal certification authorities. Result. The findings reveal that marketplaces cannot be considered neutral intermediaries, but rather business actors under the Consumer Protection Law, with obligations to ensure the accuracy and truthfulness of halal claims. The absence of explicit technical regulations on halal verification in electronic commerce has created a legal vacuum that weakens consumer protection. Comparative analysis of Malaysia, the United Arab Emirates, and the European Union shows that due diligence obligations for platforms have proven effective in minimizing false halal claims. Conclusion. This study concludes that Indonesia requires conditional safe harbor mechanisms, layered accountability, and mandatory integration with BPJPH's halal database to strengthen legal certainty and consumer trust in the halal digital ecosystem.
The Model Of Islamic Criminal Law Enforcement Against Cyber Crime: (An Integrative Analysis of the Maqāṣid al-Sharī‘ah Approach and Modern Cyber Law in Addressing the Challenges of Transnational Digital Crimes) Kholiq, Achmad; Shodikin, Akhmad; Rahim, Faishal
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.940

Abstract

Background. The advancement of digital technology has given rise to new forms of crimes known as cyber crimes, characterized by their transnational nature, rapid execution, and difficulty in being confined by state jurisdiction. Modern positive law has responded to this challenge through the formulation of cyber law, regulated at both national and international levels. In contrast, Islamic criminal law provides a normative framework derived from the concepts of jarīmah, ḥudūd, qiṣāṣ, and ta‘zīr. Aims. This article aims to analyze the model of Islamic criminal law enforcement against cybercrime and compare it with modern cyber law. Methods. The research employs a normative-comparative methodology, incorporating both conceptual and regulatory analysis. Result. The findings reveal that Islamic criminal law offers universal principles applicable to cybercrime through the category of ta‘zīr, which grants discretionary authority to the judge (qāḍī) in determining punishments based on public interest (maṣlaḥah). Meanwhile, modern cyber law emphasizes procedural aspects, digital evidence, and international mechanisms of enforcement. The comparative analysis indicates a convergence between the two systems in their objectives of protecting society, though they differ in terms of legitimacy sources and normative foundations. Conclusion. Hence, an integrative model of enforcement that combines the maqāṣid al-sharī‘ah with modern cyber law instruments could serve as a strategic alternative in addressing the complexity of cybercrime. Implication. Cybercrime law enforcement cannot rely on a single legal system. Instead, an integrative framework is needed to unite the strengths of Islamic criminal law and modern cyber law, thereby producing a more comprehensive, practical, and just cyber legal order in addressing the challenges of the digital age.
Regulatory Model of Cash Waqf within the National Legal System and Its Challenges Monaya, Nova; Brawijaya, Andri
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.975

Abstract

Background. Cash waqf has emerged as an important instrument for social and economic development, yet its regulatory framework within the national legal system remains fragmented and inconsistently applied. Aim. This study aims to analyze the structure, effectiveness, and gaps of the current regulatory model governing cash waqf while identifying the challenges faced by key stakeholders. Methods. A qualitative legal approach is used, combining statutory analysis, case studies, and interviews with regulators and waqf managers to evaluate how existing norms function in practice. Results. The study finds that although the legal framework provides a formal foundation for cash waqf management, several issues persist, including overlapping authorities, weak enforcement mechanisms, and limited institutional capacity. Conclusions. A more coherent, integrated, and adaptive regulatory model is required to strengthen legal certainty and improve institutional performance in managing cash waqf. Implication. The findings underscore the need for policymakers, regulators, and waqf institutions to refine governance standards, enhance coordination, and adopt technological innovations to ensure transparent and efficient cash waqf administration. Keywords: Cash Waqf, Regulatory Model, National Legal System, Governance, Legal Challenges, Waqf Institutions
Legal Protection for Property Buyers in Pre-Project Selling Schemes in Indonesia: An Analysis of Compliance with the Consumer Protection Act Martin, Abraham Yazdi; Nuraeny, Henny; Brawijaya, Andri
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.976

Abstract

Background. Pre-project selling has become a dominant marketing strategy in Indonesia’s property sector, yet it often exposes buyers to legal uncertainties, particularly regarding delayed construction and unmet contractual promises. Aim. This study examines the extent to which pre-project selling practices comply with Indonesia’s Consumer Protection Act and evaluates the adequacy of current legal safeguards for property buyers. Methods. Using a normative legal approach, the study analyzes statutory provisions, developer–consumer contracts, and relevant court decisions to identify compliance gaps and recurring legal issues. Results. The findings indicate that although the Act provides fundamental consumer rights, weak enforcement mechanisms, asymmetric information, and inadequate oversight allow developers to circumvent their obligations. Many contractual clauses tend to disadvantage buyers, and dispute resolution often results in limited remedies. Conclusions. Existing regulations do not sufficiently protect consumers in pre-project selling transactions, leaving buyers vulnerable to financial and legal risks. Strengthening regulatory oversight, standardizing contract terms, and enhancing sanctions for non-compliance are crucial to improving consumer protection. Implication. The study contributes to academic discourse on consumer law, provides policy insights for regulators, supports better awareness for society and property buyers, and offers a reference for international scholars examining consumer protection in emerging markets.
Isbat Nikah Over Siri Marriage In Indonesia Hamid, Sarana Abdul; Salikin, Adang Djumhur
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.979

Abstract

Background. Serial marriage is a socio-religious phenomenon that continues to take place in Indonesian society. Although it is legally recognized, this marriage has no legal force because it is not recorded with the state administration. This raises legal problems, especially regarding the protection of the rights of wives, children, and family members, as well as family legal status. Isbat nikah, as a legal instrument available in the Compilation of Islamic Law and Supreme Court Regulations, is a formal solution to provide legal certainty for serial marriage. However, the practice of its application in court still faces various obstacles, both from a juridical and a sociological perspective, as well as from a substantive justice perspective. Purpose. This study aims to reconstruct the position of isbat nikah over serial marriage with a normative-juridical and sociological approach. Method. This article uses normative legal research methods with the following approaches: Legislation, examining Law No. 1/1974, KHI, Law No. 7/1989 jo. Law No. 50/2009 on Religious Courts, with the study topic: Conceptual, discussing the views of fuqaha on marriage and registration. A legal comparison, reviewing the practice of legalizing marriage in several Muslim countries. Maqāṣid al-syarī'ah assesses the suitability of isbat nikah with the principles of protection of religion, soul, descent, property, and honor. Conclusion. The results of the study show the need for legal reform through the reinterpretation of norms, harmonization of regulations, and the strengthening of the principles of justice and family protection, so that isbat nikah is not only a formal legalization but also an instrument for protecting family rights.
Legal Protection of Restaurant Franchise Brands, in the Perspective of Trademark Law and Islamic Law Wasiska, Asti; Salikin, Adang Djumhur
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025 (In Progress)
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.981

Abstract

Background. Legal protection of restaurant franchise brands has a high urgency in the context of modern business developments in Indonesia. Trademarks, as legal and commercial identities, not only serve as differentiators but also as instruments that determine a business's sustainability and reputation. However, in practice, there are many trademark infringements in the form of imitation, unauthorized use, and manipulation that is detrimental to the original brand owner. Purpose. This study aims to examine the legal protection of restaurant franchise brands in the perspective of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, as well as from the standpoint of Islamic law that emphasizes the protection of property (ḥifẓ al-māl), justice, and the prohibition of fraudulent practices (tadlīs). Method. The research method used is a normative juridical approach, with a legislative, conceptual, and maqāṣid al-syarī'ah perspective. Result. The results of the study show that legal protection in the Trademark Law has provided a strong normative basis, but its enforcement practices still face challenges. Conclusion. From the perspective of Islamic law, the protection of restaurant franchise brands is well-founded because it aligns with the principles of safeguarding ownership rights, preventing tyranny, and supporting the sustainability of halal businesses. Implementation. The integration between positive law and Islamic law is vital to strengthen the protection of restaurant franchise brands in order to create legal justice and certainty of doing business.

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