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Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri. Editorial Address: Jl. Soebrantas, Tembilahan Hilir, Kec. Tembilahan, Kabupaten Indragiri Hilir, Riau 29281.
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Indragiri Law Review
Published by Universitas Islam Indragiri
ISSN : -     EISSN : 30314186     DOI : https://doi.org/10.32520/ilr.v2i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus and scope : Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Business Law, Medical Law, Environmental Law, Customary Law, Agrarian Law, Legal Philosophy, international regime law, legal pluralism governance, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 54 Documents
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Kepastian Hukum dalam Pelaksanaan Asas Kebebasan Berkontrak pada Perjanjian Kredit KPR di Bank BNI Tembilahan Nia Susanti; Fitri Wahyuni; Wandi
Indragiri Law Review Vol. 3 No. 2 (2025): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v3i2.203

Abstract

This research originates from the imbalance of positions between banks and customers in Mortgage (KPR) credit agreements. Although the freedom of contract principle is guaranteed under Article 1338 KUH Perdata, in practice, the agreements are unilaterally determined by the bank. This study aims to deeply understand how legal certainty is implemented in the application of the freedom of contract principle in mortgage credit agreements at Bank BNI Tembilahan Branch, as well as to identify the obstacles and efforts made to achieve it. This research employs empirical legal methods with a descriptive approach. Data were collected through in-depth interviews with bank officials, notaries, and customers, as well as document analysis of 30 mortgage credit agreements at Bank BNI Tembilahan Branch for the period 2021-2024. The findings reveal that normatively, the freedom of contract principle has been fulfilled through the existence of a written agreement between the bank and the debtor. However, in practice, this freedom is limited because the agreements use a standard contract format unilaterally prepared by the bank. The main obstacles include customers' lack of understanding of the contract clauses, the dominance of exoneration clauses benefiting the bank, and the potential for default due to unforeseen economic factors. As efforts to ensure legal certainty, Bank BNI Tembilahan Branch conducts socialization of the agreement contents, involves notaries/land deed officials in collateral binding, provides a credit restructuring mechanism for troubled customers, and establishes clear collateral execution procedures in accordance with applicable laws and regulations. This research underscores the need for balance between banking business efficiency and the protection of customer rights as consumers.
Analisis Kepastian Hukum Putusan Pra Peradilan Terhadap Tersangka Tindak Pidana Korupsi (Studi Putusan Pra Peradilan Nomor:02/Pid.Pra/2022/Pntbh) Zainuddin Kasim; Fitri Wahyuni; Ali Azhar
Indragiri Law Review Vol. 3 No. 2 (2025): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v3i2.204

Abstract

This study explores the challenges of legal certainty within pretrial institutions in Indonesia, particularly in the context of corruption. The study focuses on Pretrial Decision Number 02/Pid.Pra/2022/PN Tembilahan, which annulled Indra Muchlis Adnan's suspect status. Problems arise when investigators frequently ignore the effectiveness of the final and binding pretrial decision through re-determination of the suspect. Using a normative juridical research method with a case-based and statutory approach, the results show that legal certainty is not achieved absolutely due to ambiguity in the implementation of new evidence (novum) as stipulated in PERMA No. 4 of 2016. The study concludes that the judicial oversight function must be strengthened so that pretrial proceedings are not merely procedural formalities but rather substantive protectors of the suspect's human rights.
Eksistensi Putusan Dewan Kehormatan Penyelenggara Pemilu (Dkpp) Terhadap Pelanggaran Kode Etik Ditinjau Dari Perspektif Kepastian Hukum Erwin Syarif; Wandi; Ali Azhar
Indragiri Law Review Vol. 3 No. 2 (2025): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v3i2.207

Abstract

The decision of the Election Organizers Ethics Council (DKPP) regarding violations of the Code of Ethics, once made, has immediate legal force and direct legal consequences for the election organizers. The Bawaslu (Election Supervisory Board) is obligated to supervise the implementation of this decision, and legally, every decision made by DKPP must be executed by the concerned parties. The research questions in this study are as follows: 1. What is the philosophical and juridical foundation of the position of DKPP in enforcing violations of the election organizers' code of ethics? 2. How is the existence of the DKPP's decision in response to violations of the code of ethics viewed from the perspective of legal certainty?.The approach used in this research is a normative juridical method, which involves processing secondary data obtained from library studies such as official documents, books, and laws related to the research issues. The author uses theories and concepts of democratization, authority, and legal certainty. The results of the research and discussion indicate that the position of DKPP's decision, based on DKPP Regulation No. 1 of 2013 concerning the Code of Ethics Procedural Guidelines for Election Organizers, stipulates that the decision is "final and binding." Furthermore, a judicial review was conducted in the Constitutional Court Decision No. 31/PUU-XI/2013, leading to a change in which the decision is final and binding only for the President, KPU (General Elections Commission), and Bawaslu as election organizers. Regarding the decision of the DKPP, the State Administrative Court (PTUN) can test the substance of DKPP's decision. The existence of DKPP's decision in enforcing the code of ethics for election organizers has significant implications in ensuring the integrity of elections. Institutionally, DKPP is classified as an independent supporting state institution.
Sengketa Pers: Pencemaran Nama Baik Menurut UU ITE dan UU Pers Ramadana Dana
Indragiri Law Review Vol. 3 No. 3 (2025): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v3i3.217

Abstract

This study examines legal issues regarding press disputes arising from alleged defamation in online media, which often lead to legal uncertainty and the risk of criminalization against journalists. The objectives are to analyze applicable legal provisions and formulate dispute resolution mechanisms consistent with the principles of press freedom and professional responsibility. This research uses a normative legal method with statutory, conceptual, and case approaches. The findings reveal overlapping regulations between the Electronic Information and Transactions Law as general law and the Press Law as specific law. Under the principle of lex specialis derogat legi generali, journalists working in accordance with journalistic standards shall have their disputes resolved through non-criminal procedures at the Press Council. In contrast, reporting that fails to meet professional standards may be subject to general legal provisions. It is concluded that press disputes should be prioritized for resolution through the Press Council mechanism, while criminal law may only be applied if malicious intent or false information is proven.

Page 6 of 6 | Total Record : 54

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