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Majelis: Jurnal Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063380X     EISSN : 063380X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyajikan artikel-artikel yang mencakup berbagai aspek hukum, mulai dari hukum perdata, pidana, administrasi negara, bisnis, lingkungan, hingga hukum internasional yang relevan dengan Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Implementasi Perlindungan Hukum Keselamatan dan Kesehatan Kerja Terhadap Pekerja/Buruh di PT Sinar Semesta Kenita Rizki Ayutama; Rahayu Subekti; Purwono Sungkowo Raharjo
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.619

Abstract

Work accidents can be said to be a conflict in employment because they cause losses to workers and companies. Although the government has regulated the company's obligations in implementing occupational safety and health through various laws and regulations, in reality the effectiveness of the implementation of these regulations is still a problem, especially in terms of law enforcement in companies that have not fully implemented occupational safety standards according to applicable norms and provisions, one of which is at PT Sinar Semesta which is a metal casting company in Klaten Regency. This study aims to determine the regulations related to Occupational Safety and Health and the implementation of legal protection for Occupational Safety and Health at PT Sinar Semesta. This study uses an empirical legal research method. Based on the results of the study, it can be concluded that Occupational Safety and Health has actually been regulated in several laws and regulations. However, the implementation of legal protection for Occupational Safety and Health at PT Sinar Semesta has not been fully fulfilled because there are no health facilities specifically located in the company environment, the Occupational Safety and Health Management System has not been implemented, and the Occupational Safety and Health Development Committee has not been formed..
Analisis Kebijakan Ekspor Pasir Laut Dalam Perspektif Keadilan Ekologi Nurul Ernawati; I Gusti Ayu Ketut Rachmi Handayani; Rosita Candrakirana
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.620

Abstract

This research aims to analyze the compatibility of the sea sand export policy, as outlined in Government Regulation No. 26 of 2023 and its implementing regulations in Minister of Trade Regulations No. 20 and 21, with the principles of ecological justice. The research is driven by concerns over the ecological impacts of sea sand exploitation and the potential conflict between economic interests and environmental protection. Using a normative juridical approach and analysis of prevailing laws and regulations, the study finds that the current regulatory framework does not fully reflect the principles of ecological justice. The policy fails to ensure equitable protection for coastal communities and the marine environment. Government Regulation No. 26/2023 does not explicitly mandate Environmental Impact Assessments (AMDAL), does not emphasize conservation as a fundamental principle, and allows room for exploitation in vulnerable coastal and small island areas. Moreover, historical data reveals that similar policies in the past have led to coastal erosion, the loss of outermost islands, and state losses due to illegal practices. Therefore, without proper reassessment and alignment with environmental justice principles, this policy risks exacerbating ecological inequalities.
Pengaruh Hukum Adat terhadap Kebijakan Reformasi Agraria di Indonesia Hafizh Naufalian; Moh. Dandi Putra Susendi; Olivia Zahra Yuwono
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.630

Abstract

A Customary law is an unwritten legal system that has lived and developed in Indonesian society since before the arrival of Western law. This article reviews the role of customary law as part of Indonesia's national legal system, focusing on its relevance and existence in the modern era. Through a qualitative approach with a literature study method, this article discusses how customary law continues to exist amid the challenges posed by globalisation and the development of positive law. The author highlights the importance of preserving the values of customary law as it reflects cultural identity as well as a form of recognition of the rights of customary law communities. The results of the discussion show that although customary law is not systematically recorded, it has an important role in dispute resolution, as well as regulating the social life of the community. Therefore, the integration of customary law into the national legal system needs to be improved to create contextual justice rooted in local culture and values.
Tinjauan Yuridis Penerapan Asas Nebis In Idem Oleh Hakim dalam Perkara Perceraian di Pengadilan Negeri Mungkid Syarifatul Fadhilah; Listyowati Dewi; Arum Nurul Layalia Mufaidah; Gita Jemima Ardhana; Rani Pajrin
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.633

Abstract

Marriage is a spiritual and physical bond between one man and one woman as husband and wife with the aim of forming a happy family based on the belief in the Almighty God. In a marriage, forming a happy family certainly requires cooperation between each party, both husband and wife. If both parties have different goals, it will trigger problems in the household. Problems in the household can influence divorce between both parties, namely husband and wife. Divorce is a condition in the household where there is no common ground for harmony and harmony in the relationship between husband and wife so that it can be decided by the District Court for those of non-Islamic religions or the Religious Court for those of Islamic religion. Considering that Indonesia is a country of law where every action has rules, if seen from the principle of Nebis In Idem, this problem is no longer acceptable. However, in this divorce case the lawsuit was accepted by the judge and the judge decided again with a different decision. Based on this, the formulation of the problem is how to apply the Ne Bis In Idem Principle by the judge in divorce cases
Pelanggaran Asas Good Faith terhadap Perjanjian Nuclear Non-Proliferation Treaty (NPT) Oleh Korea Utara Syarifatul Fadhilah; Amanda Fathona Fadhila; Universitas Bengkulu; Ema Septaria; M. Ilham Adepio
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.634

Abstract

This research examines North Korea's violation of the principle of good faith under the Nuclear Non-Proliferation Treaty (NPT) and its legal consequences. The main issue addressed in this study is North Korea’s breach of the good faith principle within the framework of the NPT, which raises legal implications regarding its status and obligations as a party to the treaty. Although North Korea was formally bound by the NPT, it secretly developed a nuclear weapons program, demonstrating non-compliance with the fundamental principle of international treaty implementation. This issue was further exacerbated by its refusal to allow inspections by the International Atomic Energy Agency (IAEA) and its unilateral withdrawal from the NPT, which has sparked debate over the legitimacy and legality of such action.Using a normative juridical approach, this study analyzes North Korea’s clandestine development of nuclear weapons while still a member of the NPT, as well as the validity of its withdrawal from the treaty. The findings show that North Korea violated the principle of good faith through its secret nuclear program, refusal of IAEA inspections, and withdrawal that did not meet the requirements of Article X of the NPT. The withdrawal may be deemed invalid as it was conducted in bad faith and without fulfilling the treaty's formal provisions. The legal consequences include the continued applicability of obligations under the NPT and state responsibility for breaches of international law. Ideal forms of accountability include the cessation of the nuclear program, payment of reparations, guarantees of non-repetition, and renewed compliance with NPT provisions through verifiable denuclearization.
Sejarah Perkembangan DSN MUI dan Istinbath Hukum Gusti Haitsam
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.647

Abstract

The Indonesian Ulema Council (MUI) has a very important role in providing religious and social guidance for Muslims in Indonesia. The history of the MUI began in 1975, with the aim of strengthening the unity of Muslims and issuing fatwas in accordance with Islamic teachings. Over time, the MUI has developed into a very influential institution in determining religious policies in Indonesia. One of the main commissions in the MUI is the Fatwa Commission, which is tasked with issuing fatwas related to current religious issues, especially in facing the challenges of the times and social problems that continue to develop. This study aims to explore the urgency of the role of the MUI Fatwa Commission in issuing fatwas that are in accordance with the needs of the Indonesian people. In addition, this study also discusses the istinbath method applied by the MUI Fatwa Commission in issuing fatwas, as well as its application to contemporary issues. This istinbath method refers to the process of deriving law from the main sources of Islam, such as the Qur'an, Hadith, Ijma', and Qiyas, taking into account the existing social context and dynamics. The results of the study show that the MUI Fatwa Commission has a very great urgency in responding to various problems of Muslims, especially those related to modern issues such as sharia economics, technology, and health issues. Through the istinbath method, the MUI has succeeded in providing fatwas that are not only based on classical texts, but are also relevant to current developments. For example, in the matter of sharia economics, the MUI has issued a fatwa that supports the sharia financial system while still paying attention to the applicable fiqh rules.
Efektivitas terhadap Sanksi Pidana Bagi Perusahaan yang Menunggak Iuran Jaminan Sosial Ketenagakerjaan: Studi di BPJS Ketenagakerjaan Gorontalo Wahyu Nurhardiyanto Hulopi; Ramdhan Kasim; Roby W. Amu
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.648

Abstract

Law enforcement against criminal acts of companies that do not pay and deposit BPJS contributions based on the Social Security Organizing Agency Law. To determine and analyze the factors that influence the enforcement of criminal acts against companies that do not pay and deposit contributions to the Social Security Organizing Agency. Where this research method is normative juridical and empirical juridical. Normative juridical research is conducted by examining library materials or secondary materials only. This research is also carried out by describing, examining and explaining and analyzing normative provisions associated with the research nisi. While empirical research is based on the reality that researchers get in the field. From the results of this study it is known that the application of criminal sanctions against companies that are in arrears of employment social security contributions in Gorontalo Province has not shown optimal effectiveness or in other words less effective, this is based on the findings showing that the application of criminal sanctions against violations of participation in the employment social security program has not been effective, because 64.48% of workers have not received the protection of the program. Factors that influence companies that do not pay and deposit contributions to the Social Security Organizing Agency, namely: Economic and Financial Factors of the Company, Level of Knowledge and Compliance, Perception of Benefits and Risks, Access and Ease of Payment, Law Enforcement and Sanctions, Social and Cultural Factors.
Restorative Justice sebagai Alternatif Penyelesaian Kasus Pemeliharaan Landak Langka di Bali Ahnaf Nur Fauzan Romadhon; Enjang Rohiman; Ai Nazwa Nurbayanti
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.661

Abstract

The concept of restorative justice is being explored as an alternative approach to resolving conservation violations caused by ignorance, as demonstrated in the I Nyoman Sukena case in Indonesia. This research aims to examine the potential of restorative justice to deal with such cases more humanely and effectively. A normative juridical method was used, focusing on legal regulations and case analysis relating to wildlife conservation. The results show that restorative justice, which emphasizes dialogue and education, can prevent recurrence and foster public awareness of protected species without imposing strict criminal sanctions. This approach, which is in line with Indonesian values, can reduce the burden on the judiciary and support conservation goals.
Penerapan Kebijakan Pegawai Pemerintah dengan Perjanjian Kerja (PPPK) terhadap Jabatan Fungsional Keahlian di Mahkamah Konstitusi Rizka Putri Nareswari; Purwono Sungkowo Raharjo; Fatma Ulfatun Najicha
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.673

Abstract

This study aims to examine the regulatory framework concerning Government Employees with Work Agreements (PPPK), particularly in Functional Expert Positions in Indonesia and to identify how the policy implementation of PPPK in Functional Expert Positions is carried out at the Constitutional Court. The research employs an empirical method with a qualitative approach. The types of data used include both primary and secondary data: primary data was obtained through field interviews, while secondary data consists of documents, information, books, and facts sourced from official records and legislation. The findings of this study indicate that the implementation of policies related to Functional Expert Positions at the Constitutional Court still faces regulatory inconsistencies, especially in the selection mechanism, which does not fully adhere to the established rules. Additionally, competency development for PPPK employees is not supported by systematic planning, which risks creating skill gaps. This situation may lead to uncertainty in career progression and reflects that the management of PPPK still encounters several fundamental challenges in its implementation.
Perlindungan Yuridis dan Peran Staf Notaris sebagai Saksi dalam Akta Eka Ratna Putri; Benny Djaja; Maman Sudirman
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.675

Abstract

The making of authentic deeds by a notary is part of the legal service that has the highest evidentiary value in the Indonesian civil law system. One of the formal requirements of an authentic deed according to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN) is the presence of two witnesses who know and directly witness the process of signing the deed. In notarial practice, notary staff are often appointed as witnesses for reasons of administrative convenience, trust, and availability of time. This study aims to examine the legal position and role of notary staff as witnesses in authentic deeds and the form of legal protection available if the deed is legally disputed. The research method used is normative legal with a statutory and conceptual approach, supported by literature studies and analysis of related court decisions. The results of the study indicate that notary staff are legally valid as witnesses as long as they meet the requirements as competent witnesses according to law. However, if a dispute arises over the deed, the staff can be asked for information as a witness in court and has the potential to face legal pressure. Therefore, legal protection for notary staff includes the principle of good faith, legal protection for witnesses, the right to legal assistance, and the ethical responsibility of notaries as employers. In conclusion, there needs to be more explicit regulations regarding the role of staff in deeds and clear protection mechanisms to maintain professionalism, integrity, and legal certainty in notarial practice.

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