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INDONESIA
Pemuliaan Keadilan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30632811     EISSN : 3063282X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 71 Documents
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Pelaksaan Praktik Pagang Gadai Tanah Ulayat di Nagari Parik Panjang Kabupaten Agam Sumatera Barat Ibnu Syechkant
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.584

Abstract

There are several developments in the practice of pawn gates, on the condition that pawn gates can also be done for the educational needs of nephews or business capital. Developments in the use of transaction tools can now use money. Pagang gadai is known to have no redemption period, and the Wali Nagari Parik Panjang does not want to sign the pawn letter because it is against positive law in Indonesia. There is no legal protection for the implementation of the practice of pawning in the Minangkabau customary law community. This is because land pawning is carried out without registration. The settlement of the problem of pawn disputes in Nagari Parik Panjang, Matur District, Agam Regency using the principle of bajanjang naiak, batanggo turun means that it is resolved from the lowest level, namely deliberation and consensus, then the Nagari Customary Density, to the highest level, namely the court level.
Kedudukan Asas Proporsionalitas dalam Perjanjian Timbal Balik Abstrak Faradilla Meisya Valda
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.585

Abstract

The principle of proportionality plays an important role in ensuring the balance of rights and obligations between the parties in a reciprocal agreement. In the context of Indonesian contract law, this principle functions as a mechanism to prevent inequality that can harm one of the parties, especially in commercial and complex contracts. As stated by Hernoko (2016), the application of the principle of proportionality in commercial contracts aims to create substantive justice through a balanced exchange of rights and obligations between the parties. This study uses a normative legal approach with a literature study method, which involves an analysis of related laws and regulations and case studies. This approach allows researchers to explore the application of the principle of proportionality in various types of reciprocal agreements, including franchise agreements and construction service contracts. For example, a study by Susanto et al. (2021)1 highlights how the principle of proportionality is applied in construction service contracts to ensure a fair distribution of responsibilities between contractors and clients. The results of the analysis show that consistent application of the principle of proportionality can improve justice in contractual relationships. In franchise agreements, for example, Rahmawan et al. (2020)2 found that the application of this principle helps create a balance between the rights and obligations of franchisors and franchisees, who often have different bargaining positions. Thus, the principle of proportionality functions not only as a legal principle, but also as a practical tool to achieve justice in contractual practices.
Keseimbangan Hak dan Kewajiban Para Pihak dalam Hukum Kontrak Faiqa Syifa Irawan
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.586

Abstract

The balance of rights and obligations in contracts is a fundamental basis for creating justice and legal certainty. With effective protection for all parties in the contract, be it in the realm of commerce or other social relations, it is expected to create a conducive legal environment, which in turn encourages social and economic development. The process of drafting contracts in various fields, such as micro, small and medium enterprises (MSMEs), shows the importance of good design to guarantee the rights of each party In this context, it is important to explore how the contract structure can be designed in such a way that both parties can fulfill their rights and obligations fairly, as well as serve as a guideline in resolving disputes that may arise in the future. rights and obligations are basic principles in contract law that aim to create justice, legal certainty, and balanced protection for all parties to the agreement. In the process of contract formation, balance is achieved through the principles of freedom of contract, good faith, and transparent negotiations so that the rights and obligations of both parties are arranged fairly and proportionally.
Peran Komunikasi dalam Membangun Kesadaran Hukum Islam Bagi Warga Negara Muslim Ahmad Muhammad Mustain Nasoha; Ahfiya Nur Atqiya; Fina Fitria Nugroho; Davynna Nooraini Immawati; Coreana Akashi Nur Utami
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.588

Abstract

Communication has an important role in building awareness of Islamic law among Muslim citizens. Through effective communication, Islamic legal norms and rules can be understood, internalized and applied in everyday life. This article discusses the role of communication in increasing awareness of Islamic law by analyzing various communication approaches, such as da'wah, education, and social media. By using literature review methods from various scientific sources, it was found that modern communication media, such as social media, are increasingly playing a role in conveying the message of Islamic law to the younger generation. In addition, persuasive and educational da'wah has proven to be an effective means of increasing understanding and compliance with sharia law. However, challenges such as disinformation on social media remain obstacles that need to be overcome with digital literacy based on Islamic values.
Retorika Masyarakat Terkait Undang-undang nomor 15 tahun 2003 jo Undang-undang nomor 5 Tahun 2018 Terhadap Penerapan Mala in se/Mala Per se Sebagai Kebijakan Integratif Tindak Pidana Khusus Terorisme di Indonesia Fadhilatul Amaliya; Anindya Rahma Fathiya; Dewi Sekar Pembayun; Devina Angelica
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.589

Abstract

This study aims to examine the application of mala in se and mala per se concepts in the counter-terrorism policy in Indonesia, based on Law Number 15 of 2003 in conjunction with Law Number 5 of 2018. Terrorism is categorized as an extraordinary crime that causes serious harm both nationally and internationally. This research employs a literature review and normative legal approach to analyze the application of criminal law norms within the context of human rights protection. The findings show that terrorism, as a mala in se offense, requires a comprehensive legal approach that prioritizes not only national security but also the protection of civil rights. The enforcement of anti-terrorism laws, if applied too broadly and harshly, may violate the principles of due process and substantive justice. Therefore, counter-terrorism efforts must be based on the pro justitia principle, supported by independent oversight and active civil society participation to prevent abuse of power and maintain the integrity of the legal system.
Perlindungan Hukum Terdahap Korban Tindak Pidana Perdagangan Orang “Pidana Eksploitasi Orang” (Studi kasus Putusan Nomor 608/Pid.Sus/2023/PN Jmr) Fatimatus Zahro; Dairani Dairani; Ahmad Yunus
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.590

Abstract

The crime of trafficking in persons or the crime of exploitation of persons is a crime that violates human rights and is increasingly prevalent in Indonesia, where the crime of trafficking in persons or the crime of exploitation of persons is very threatening to the life and environment of the community and the state, the problem discussed is the purpose and modus operandi of the crime of trafficking in persons or the crime of exploitation of persons, and a form of legal protection for victims of human trafficking. The formulation of the problem studied is related to the modus operandi that often occurs today, especially in Indonesia in these crimes. How is it related to the form of protection and rehabilitation and the fulfillment of restitution for victims of human trafficking. This research is included in the research of normative juridical law (Legal Reasherc), legislative approaches, philosophical approaches, and historical approaches which are also strengthened by court decisions which has permanent legal force. The modus operandi of the crime of human trafficking is through persuasion or seduction with the promise of being given a well-established and guaranteed job with their safety while working as well as the lure of high salaries so that the victims of human trafficking without thinking long immediately agree to this, this researcher also discusses the legal protection for victims of human trafficking or the crime of exploitation of persons contained in Law Number 21 of 2007 concerning The eradication of the crime of trafficking in persons must be implemented and maximized again related to the protection and fulfillment of the rights of victims of trafficking in persons.
Kewenangan Mengadili Tindakan Faktual oleh Pejabat (Perbuatan Melawan Hukum) Melalui Citizen Lawsuit : Studi Kasus Putusan Nomor 756/PDT.G/2020/PN.MDN Maulidya Shamira Putri Prabowo
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.595

Abstract

This study aims to determine the distinction in jurisdiction between the District Court and the State Administrative Court in adjudicating lawsuit cases against public officials arising from factual actions and the non-issuance of State Administrative Decisions, and to ascertain the authority of the District Court in adjudicating disputes concerning factual actions and the refusal to issue State Adminstrative Decisions through citizen lawsuit. This study employs a normative legal research methodology with a case study approach. The types of legal materials used are primary and secondary legal materials. The data collection technique utilized is literature review. The legal material analysis technique in this research employs deductive syllogism. The findings of this research indicate that the difference in jurisdiction between the District Court and the State Administrative Court in adjudicating lawsuit cases against public officials due to the non-issuance of State Administrative Decisions lies in the nature of the State Administrative Decision itself. The District Court has the authority to adjudicate disputes related to factual actions and disputes concerning State Administrative Decisions, provided that the lawsuit is filed through a citizen lawsuit.
Diaspora Bugis dan Ketegangan Maritim di Kutai-Pasir: Kajian Historis Konflik Laut di Kalimantan Timur abad ke-18-19 Thamara Nur Salsabila; Agussalim Baharuddin
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.868

Abstract

This Study explore the study of The Bugis people’s migration from south sulawesi to East Kalimantan on their sattlement in Kutai dan Pasir from the 18th through 19th centuries. It looks at how the Buginese diaspora established independent groups, traded and developed political clouth through smart partnerships like marriages with local elites, all motivated by marine culture and economic aspirations. Internal disputes among Bugis factions, particularly over taxation and port countrol, and tentions with local authorities were frequently the results of these developments. In oder to increase their power in the area, the Dutch Colonial authorities kept an eye on these conflicts and accosianally got involved. This study emhasises how the Bugis significantly influenced power dynamics and coastal administration in East Kalimantan throughout both indigenous and colonial regimes, drawing on historical documents, open access academic sources and Buginese manuscripts.
Dwifungsi Gaya Baru? Penempatan Prajurit Aktif di Jabatan Sipil dalam Revisi UU TNI 2025 dan Dampaknya terhadap Demokrasi Suif Al-Adawiyah
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.911

Abstract

The revision of Law No. 34 of 2004 concerning the Indonesian National Armed Forces (TNI Law) on March 20, 2025, particularly regarding the expanded placement of active military personnel in civilian positions, has sparked concerns about the return of Dwifungsi ABRI. This study critically analyzes whether this expanded role can be categorized as a New Style Dwifungsi and its implications for democratic consolidation in Indonesia. Employing a qualitative descriptive approach with a literature review, this research examines the historical roots of Dwifungsi ABRI, the crucial changes in the 2025 TNI Law revision, and analyzes the concerns of civil society and academics. The findings indicate the potential weakening of civilian supremacy, a decline in military professionalism, and accountability issues. International comparative studies underscore the importance of civilian supremacy and military neutrality in a democracy. The conclusion emphasizes the necessity of upholding democratic integrity and civilian supremacy through transparency and strict accountability in any military placement within the civilian sphere.
Antara Hak dan Utang : Kajian Hukum terhadap Dampak Kepailitan Sritex terhadap Buruh dan Pemilik Ety Isworo; Wiwik Yulianti; Femmy Silaswaty Faried
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.971

Abstract

The bankruptcy of a major company like PT Sri Rejeki Isman Tbk (Sritex) not only reflects a financial crisis but also opens a significant debate about legal fairness for stakeholders, particularly laborers and company owners. This research examines the impact of the bankruptcy on the fulfillment of laborers' normative rights and the legal protection afforded to company owners. Using a juridical-normative approach and a case study method, the findings reveal that the bankruptcy process still presents imbalances in legal protection, especially for laborers who, despite being legally recognized as preferential creditors, are often disregarded in practice. This article recommends regulatory reform and strengthening the state's role in ensuring justice throughout the bankruptcy proceedings.

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