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INDONESIA
International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 206 Documents
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The Effectiveness of Mediation in Divorce Case Resolution Muhammad Rayyan Aulia; Teuku Muttaqin Mansur; Nurdin MH
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.938

Abstract

This study examines the effectiveness of mediation in resolving divorce cases at the Banda Aceh Sharia Court and the Jantho Sharia Court based on Supreme Court Regulation No. 1 of 2016. This study aims to analyze the implementation of mediation, identify factors influencing its effectiveness, and determine efforts to improve the effectiveness of mediation in divorce cases. The method used is a legal-empirical approach with a qualitative methodology through interviews and literature review. The research results indicate that the implementation of mediation has been in accordance with the provisions of Supreme Court Regulation No. 1 of 2016; however, its success rate remains low, rendering it ineffective. Factors influencing the effectiveness of mediation include the mediator’s competence, the parties’ strong desire to divorce, prolonged domestic conflicts, and the influence of religious figures within the community. Efforts to improve the effectiveness of mediation are carried out by enhancing the competence of mediators, educating the parties on the benefits of mediation, and optimizing the mediation process within the Sharia Court.
General Elections and the Challenges of Oligarchy in Modern Democracy Dina M Situmeang; Rini T Simangunsong; Nasip Simbolon
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.943

Abstract

General elections constitute a fundamental instrument of constitutional democracy, functioning as a means of realizing popular sovereignty, legitimizing political power, and ensuring political accountability. However, in the practice of modern democracy, electoral processes increasingly face serious challenges arising from the growing influence of political oligarchy, which tends to distort democratic principles. This study aims to analyze the position of general elections within the framework of constitutional democracy and to examine the impact of political oligarchy on the quality of democracy in electoral practices. The research employs a normative legal method using conceptual and statutory approaches, analyzing constitutional norms, legal doctrines, and contemporary legal and political literature. The findings indicate that general elections occupy a strategic position as a constitutional mechanism for the exercise of popular sovereignty and the peaceful circulation of power. Nevertheless, the dominance of political oligarchies, particularly through control over political parties and political-economic resources has weakened the substantive quality of democracy and undermined genuine political representation. Therefore, strengthening democracy cannot rely solely on procedural improvements in electoral systems, but must also involve systematic efforts to limit oligarchic influence and to enhance inclusive and meaningful political participation.
Legal Review of the Licensing Process in the Field of Trade within the Sabang Free Trade and Free Port Zone Hendra Setiawan; Azhari Yahya; Nurdin M. H.
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.948

Abstract

Law Number 37 of 2000 concerning the Enactment of Government Regulation in Lieu of Law Number 2 of 2000 on the Sabang Free Trade Zone and Free Port into Law designates Sabang as a Free Trade Zone and Free Port (FTZ). This area is legally separated from the customs territory, thereby exempting it from import duties, value-added tax, and luxury goods sales tax. The management of the zone is carried out through the Sabang Free Zone and Free Port Authority (BPKS). The establishment of the Sabang FTZ aims to stimulate economic growth, attract investment, and promote industrial and trade development in Aceh and Indonesia in general. However, in practice, the implementation of trade licensing procedures within the Sabang Free Trade and Free Port area has not been fully effective. This is mainly due to regulatory disharmony, including the reduction of delegated authority scope, which has created obstacles for business actors in conducting their activities locally and has resulted in insufficient legal certainty. This research is a normative legal study using statutory and conceptual approaches. The data were obtained from primary, secondary, and tertiary legal materials, supported by interviews with relevant informants. Data collection was conducted through library research and analyzed qualitatively. The findings indicate that the licensing process for import-related trade activities at the BPKS Sabang Port has not been optimal due to weak regulatory harmonization and poor synchronization of authority between BPKS as the zone authority and the central government. In addition, the licensing process is still burdened by multi-layered bureaucracy and uncoordinated inter-agency procedures. This study recommends that the government harmonize regulations to avoid overlapping authority with the Sabang Free Zone and Free Port Authority (BPKS). Furthermore, it is necessary to clarify institutional authority within statutory regulations, simplify the integrated licensing system, and conduct periodic regulatory evaluations to ensure legal certainty and improve administrative efficiency.
Legal Protection for Creditors in Relation to Unregistered Fiduciary Security Nurul Fitria Zulmi; Muhammad Insa Ansari; Muhammad Ya’kub Aiyub Kadir
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.949

Abstract

Law Number 42 of 1999 concerning Fiduciary Security requires every object encumbered with fiduciary security to be registered at the Fiduciary Registration Office. Such registration constitutes a constitutive requirement for the establishment of proprietary rights that grant creditors preferential status and executorial authority. Nevertheless, in practice, unregistered fiduciary security agreements are still frequently encountered, giving rise to legal issues concerning creditor protection and legal standing. This study aims to examine the forms of legal protection available to creditors, the legal consequences of unregistered fiduciary security, and the implications of Constitutional Court Decision Number 18/PUU-XVII/2019 on creditor protection. This research employs a normative legal method using statutory and conceptual approaches. The data were obtained from primary, secondary, and tertiary legal materials, which were subsequently analyzed qualitatively. The findings indicate that legal protection for creditors is provided through notarial deeds, fiduciary registration, and fiduciary certificates that establish preferential rights and executorial power. In contrast, unregistered fiduciary security does not create proprietary rights, resulting in creditors being positioned merely as concurrent creditors under Articles 1131 and 1132 of the Indonesian Civil Code. This study recommends that the government improve the effectiveness of the fiduciary registration system through procedural simplification and the strengthening of electronic administrative systems. Furthermore, financing institutions and banks should consistently register fiduciary security in order to ensure optimal legal certainty and protection.
Breach of Contract in the Cooperative Management Agreement of Oil Palm Plantations: A Research Study in Suro Makmur, Aceh Singkil Rahman Rahman; Sanusi Sanusi; M. Jafar
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.953

Abstract

Cooperative agreements for the management of oil palm plantations constitute a common legal relationship among communities in Suro Makmur, Aceh Singkil. Under Indonesian civil law, agreements are governed by the Indonesian Civil Code, particularly Articles 1320 and 1338, which regulate the validity and binding force of contracts. Accordingly, each party is required to fulfill the rights and obligations agreed upon in the contract. In practice, however, oil palm plantation management agreements frequently result in breaches of contract due to the failure of one or more parties to perform their obligations. Such breaches may take the form of non-performance, delayed performance, improper performance, or actions contrary to contractual provisions, as regulated in Article 1234 of the Indonesian Civil Code. These violations often lead to economic losses, reduced trust between parties, and legal uncertainty. Furthermore, Articles 1238 and 1243 stipulate that parties committing a breach of contract may be liable for compensation, costs, and damages arising from non-performance. This study employed an empirical juridical method with a qualitative approach through interviews, field observations, and library research. The findings reveal that breaches commonly occur in the form of failure to fulfill obligations, delays, improper performance, and actions inconsistent with the agreement. Disputes are generally resolved through non-litigation mechanisms, such as deliberation and mediation involving customary leaders or village authorities, while court proceedings are pursued only when amicable settlement fails. The study concludes that legal certainty requires not only contractual agreements but also good faith and legal awareness among the parties. Therefore, comprehensive written agreements regulating rights, obligations, profit-sharing, duration, and dispute resolution mechanisms are essential to prevent breaches of contract and strengthen legal certainty.
The Legal Position Of Medical Informed Consent As A Means Of Legal Protection For Doctors and Patients Suci Nazilla; Yusri Yusri; Suhaimi Suhaimi
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.954

Abstract

Medical informed consent refers to a patient’s approval of a medical procedure after receiving adequate information regarding diagnosis, treatment objectives, risks, benefits, and available alternatives. The implementation of informed consent is regulated under Article 293 of Law Number 17 of 2023 concerning Health. However, in practice, informed consent is often treated merely as an administrative formality, which may lead to medical disputes and civil litigation. This study aims to analyze the legal position of informed consent from a civil law perspective, the legal protection afforded to both doctors and patients, and the legal consequences of medical actions performed without patient consent. This research employs a normative juridical method using statutory, conceptual, and case approaches through library research involving primary, secondary, and tertiary legal materials. The findings indicate that informed consent is an integral part of the therapeutic agreement establishing a civil legal relationship between doctors and patients and may serve as documentary evidence in civil proceedings. It provides legal protection for patients by ensuring their right to information and self-determination, while also protecting doctors as proof that medical actions were performed with consent. However, its evidentiary value is not absolute, as courts must also consider professional standards and medical negligence. This study concludes that informed consent must be implemented clearly, comprehensively, and based on the patient’s voluntary approval to ensure legal certainty and protection for all parties.
The Role of The Political Party Court In Resolving Internal Political Party Disputes Based on The Political Parties Act Cut Putri Nadia; Zainal Abidin; M. Jafar
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.951

Abstract

Political parties often face internal conflicts known as internal party disputes. The resolution of internal political party disputes through a Party Court, as regulated in Law No. 2 of 2011 on Amendments to Law No. 2 of 2008 on Political Parties, in Article 32 paragraph (2), states: “The resolution of internal political party disputes as referred to in paragraph (1) shall be conducted by a Political Party Court or other body established by the political party,” which still leaves issues of legal ambiguity and uncertainty regarding the status and authority of the Political Party Court in resolving internal political party disputes under the Political Parties Law, as well as the role and authority of the District Court as a form of further legal recourse in resolving such disputes. This study aims to analyze and explain the position of the Political Party Court institution within a political party in resolving internal political party disputes, the authority of the Political Party Court to resolve internal political party disputes in providing legal certainty, and the authority of the District Court in resolving internal political party disputes. This study employs a normative legal method using a statutory approach, a conceptual approach, a case-based approach, and a comparative approach. The results indicate that the resolution of internal political party disputes through the Political Party Court and District Courts has not been effective in ensuring legal certainty. The Party Court remains weak in terms of independence, procedures, and the enforceability of its decisions, while the authority of the District Court is limited and tends to be formalistic. Consequently, uncertainty arises in dispute resolution, necessitating the strengthening of regulations and the establishment of a more integrated dispute resolution mechanism.
Implementation of the Notary’s Obligation to Read the Deed Before the Appearing Parties in Banda Aceh. Cut Riska Yulanda; Ilyas Ilyas; Zahratul Idami
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.955

Abstract

Law Number 2 of 2014 concerning the Office of Notary requires notaries to read deeds before the appearing parties in order to ensure legal certainty, guarantee that the parties understand the contents of the deed, and prevent disputes in the future. Issues concerning the failure to fulfill this obligation are reflected in the Decision of the Jantho District Court Number 7/Pdt.G/2024/PN Jth, which indicated allegations that the deed was not read directly before the signing process took place. This condition demonstrates that the reading of a deed is not merely an administrative formality, but an essential element in maintaining the validity of an authentic deed and public trust in the notarial profession. This study aims to analyze the legal consequences, the forms of notarial liability based on the Law on the Office of Notary and the Civil Code, as well as the legal facts contained in the court decision. This research employed an empirical juridical method with a qualitative approach through interviews and library research. The results of the study indicate that the obligation to read deeds has not been fully implemented, causing deeds to potentially suffer formal defects, lose their authentic nature, and degrade into private deeds with weaker evidentiary value, while also giving rise to administrative and civil liability for notaries. This study suggests that notaries should read deeds thoroughly, clearly, and systematically to ensure that the parties fully understand the contents and legal consequences of the deed executed.
Presidential Authority In Granting Abolition To Convicted Individuals In Cases Involving Public Policies That Result In State Losses Nafiz Muammar, Sayed; Husni Husni; M. Jafar
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.966

Abstract

Abolition constitutes a presidential prerogative exercised upon consideration by the House of Representatives. Historically, the granting of abolition from the administration of President Soekarno to that of President Joko Widodo was generally associated with cases involving political interests and the maintenance of national stability. However, the decision to grant abolition to a corruption convict during President Prabowo’s administration has generated considerable debate regarding its legal basis, limitations, and implications for law enforcement. This study aims to examine the President’s authority in granting abolition, its impact on the effectiveness of law enforcement, and the distinction between public policy and public policy decisions that result in state losses. This research employs a normative juridical method using statutory, conceptual, and case approaches. The analysis is based on a library study of primary, secondary, and tertiary legal materials. The findings indicate that the President’s authority to grant abolition is consistent with the prevailing legal framework. Nevertheless, the existing regulations are no longer considered adequate to address contemporary legal developments and societal needs. The granting of abolition in corruption cases has given rise to differing perspectives. On the one hand, it is viewed as a mechanism to prevent the criminalization of public policy decisions; on the other hand, it is considered capable of weakening the effectiveness of law enforcement and creating an unfavorable precedent for future governance. Furthermore, although the distinction between legitimate public policy and conduct causing state losses has been regulated by legislation, its application in practice continues to generate interpretative challenges. This study concludes that the legal framework governing abolition requires comprehensive reform to enhance legal certainty, strengthen law enforcement, and provide greater protection for public officials in the exercise of their official authority.
An Analysis of the Formation of Sub holdings in State-Owned Enterprises Meilina, Namira; Yani, Teuku Ahmad; M. Jafar
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.967

Abstract

The formation of subholdings as part of the restructuring of State-Owned Enterprises (BUMN) aims to improve efficiency and increase company value through functional specialization, as well as to enhance global competitiveness. However, Indonesian positive law does not yet provide clear and detailed regulation regarding the legal status of BUMN subholdings. This legal uncertainty creates issues related to state capital ownership status, the extent of parent company liability, and the independence of the subholding’s board of directors. This study aims to analyze the legal relationship between the parent company and subholding within the BUMN structure, the responsibility of BUMN as the state mandate holder in forming subholdings, and the legal limitations of parent company control from a corporate law perspective. The research uses a normative legal method with statutory and conceptual approaches based on secondary data, which are analyzed qualitatively. The results show that the relationship between the parent company and subholding after Government Regulation No. 72 of 2016 is purely civil. Subholding is a separate legal entity under company law and is no longer categorized as a BUMN. Its assets are separated from state assets, while excessive control may trigger piercing the corporate veil.  

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