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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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Analisis Kasus Garuda Indonesia vs Rolls-Royce Sebagai Kajian Hukum Perdata Internasional Johari, Abdullah Ahmad; Pratama, M. Andra; Hendriansyah, Nicholas Ferdy; Rizha Claudilla Putri
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1205

Abstract

Civil relations are not limited to the national sphere, but can also transcend national borders. These relations have existed since ancient Greece and continue to develop today. These transnational relations can give rise to legal issues, such as whether the relationship truly falls within the scope of international relations, the laws that apply to the relationship, and how disputes are resolved using which legal system. The purpose of this study is to analyze the Garuda vs. Rolls Royce case, which is part of international civil relations, raising the question of how this case can be included in the scope of international civil law studies and how one of the international conventions governing transnational civil law principles, namely UNIDROIT, can be applied. This study uses a normative approach that compares national and transnational legal systems to provide perspective on the case and a case approach that clearly explains the Garuda vs. Rolls Royce case, starting from the chronology and analyzing the case from the perspective of international civil law principles The results of this study found that this case falls under the scope of international civil law, where international civil law principles such as UNIDROIT can be applied in order to make progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects. The implications of this research can be a catalyst for progressive legal changes in regulating international civil relations to ensure legal protection and certainty for legal subjects.
Tugas dan Kewenangan Balai Harta Peninggalan Medan dalam Melakukan Pemberesan Harta Kepailitan Debitur Ike Oktaviani Haro Munthe; Besty Habeahan
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1211

Abstract

the duties and authorities of the Balai harta peninggalan as regulated in law Number 37 of 2004 concerning bankrupty and the civil code are to carry out a settlement of the debtor’s bankrupty assets. The main problem and this research is How the duties and authority of the Balai Harta Peninggalan in carrying out bankrupty astate clearance and what are the obstacles faced when carrying out bankrupty estate clearance?. The method used is the normative juridical-empirical method, where the data and also the information studied in this study are based on laws, books and also based on the results and discussions obtained are where the duties and authority of the Balai harta peninggalan in center in carrying out bankrupty assets are by dividing the proceeds from the sale of bankrupty assets that have been sold and distributed to creditors bassed on the possition of the creditors starting from highest to lowest, and also the obstacles faced in dealing with debtor bankrupty assets.
Kedudukan Hukum Atas Kecerdasan Buatan di Indonesia Ayu Purnamasari
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1225

Abstract

The development of artificial intelligence capabilities has the potential to facilitate the implementation of preventive measures. In order to mitigate potential risks, this study seeks to examine the legal status of artificial intelligence in Indonesia. The potential for artificial intelligence to function as both the subject and object of law is a salient factor in this analysis. The methodological approach employed is of a normative or doctrinal nature, emphasizing a comprehensive examination of the legal perspective on artificial intelligence. This study encompasses the objectives of progressive legal theory, the theory of legal subjects and objects, and the legal norms that apply in Indonesia. The results of the study indicate that in Indonesia, the prevailing legal framework regarding artificial intelligence (AI) currently categorizes it as an object of law. This implies that the owner, developer, and user of AI bear full responsibility for any consequences that may arise from its use. Advances in technology have led to the development of artificial intelligence capable of performing legal actions that were previously exclusive to humans. Consequently, the establishment of specific regulations pertaining to artificial intelligence is imperative to ensure legal certainty in the future.
Dasar Wajib Patuh pada Undang-Undang Perkawinan Niken Retno Wulandari
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1227

Abstract

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.
Urgensi Pembentukan Peraturan Desa tentang Pengelolaan Pasar Tuah Benua Desa Sepaso Kabupaten Kutai Timur Kiki Rustyanti; Rahmawati Al Hidayah; Alfian Alfian
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1249

Abstract

This research discusses the urgency of establishing a Village Regulation regarding the management of Tuah Benua Market to identify legal issues and the urgency of forming a village regulation. Minister of Home Affairs Regulation Number 42 of 2007 concerning Village Market Management does not specifically regulate market fees, sanctions, and prohibitions on trading outside Tuah Benua Market, resulting in a legal vacuum. This research uses empirical legal methods with direct observation and interviews in the field. The research results are expected to provide recommendations for the formation of effective Village Regulations in the management of Village Markets and support local economic development. The formation of a Village Regulation on the management of Tuah Benua Market is crucial to create legal certainty and improve the management of the Village Market. Village Regulations can regulate prohibitions on trading outside the market area, sanctions for traders who violate, and market fee policies. Thus, Tuah Benua Market can become a orderly, conducive, and beneficial trading center for the surrounding community. Village Regulations must be made considering the needs of the village community and implemented effectively to create a conducive and fair trading environment.
Peran Kemenko Perekonomian dalam Memberdayakan Pesantren : Analisis Hukum Ekonomi Pancasila Anissa Nur Fadhilah; Nabila Khusnul Hidayah; Fatimatusholikhah Fatimatusholikhah; Hanifah Rahmawati
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1250

Abstract

Islamic boarding schools (pesantren) are religious institutions focused on education, the dissemination of Islamic knowledge, and the propagation of Islamic propagation, as well as serving as centers for the development of religious thinkers. Furthermore, pesantren also serve as platforms for human resource development and empowerment for alumni, families, and the wider community. This research aims to collect data to uncover fundamental issues arising from phenomena, realities, and experiences, thereby providing a diverse range of knowledge regarding the life and practice of pesantren-based economic empowerment. Economic empowerment is understood as both a process and a goal. As a process, economic empowerment encompasses a series of efforts to improve the economic capabilities and strengths of vulnerable communities to improve their quality of life. As a goal, economic empowerment represents the desired condition or outcome and serves as a measure of the success of the process. To realize an empowered people's economy, three main elements are required: production potential, distribution potential, and consumption potential. These three elements constitute concrete and applicable steps for effectively implementing community economic empowerment. By considering these three potentials, empowerment can be implemented in a focused and sustainable manner. Pesantren, in their historical and cultural dynamics, play a vital role in the life of the nation. Therefore, Islamic boarding schools have the capacity, both in quality and quantity, to contribute and play a significant role in efforts to empower the community's economy.
Analisis Komunikasi Organisasi Terkait Penanganan Pelanggaran Pilkada 2024 Oleh BAWASLU Kabupaten Pasuruan Wiwik Maulidah; Moh. Edy Marzuki
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : 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.v2i3.1122

Abstract

This study examines organizational communication within the General Election Supervisory Body (Bawaslu) of Pasuruan Regency in handling violations during the 2024 Regional Elections (Pilkada). Using a qualitative case study approach, data were obtained through in-depth interviews, observation, and documentation involving Bawaslu members, technical staff, and the Integrated Law Enforcement Center (Gakkumdu). The results show that vertical and horizontal communication flows are generally effective in supporting internal coordination and violation handling, despite challenges such as limited human resources, high workloads, and inter-agency coordination gaps. To address these, Bawaslu strengthens internal meetings, leverages digital media, provides technical training, and enhances external collaboration and public outreach. The study concludes that effective organizational communication significantly improves election monitoring performance and offers insights for communication strategies in other supervisory bodies.To address these issues, Bawaslu has taken several proactive steps. These include strengthening internal meetings to improve coordination and decision-making, leveraging digital media for more efficient communication and reporting, providing technical training to staff to enhance their skills in violation detection and reporting, and fostering stronger collaboration with external agencies such as Gakkumdu for coordinated law enforcement. Additionally, Bawaslu has focused on improving public outreach through social media campaigns to increase awareness of the electoral process and violations. The study concludes that effective organizational communication significantly improves election monitoring performance and offers insights for communication strategies in other supervisory bodies. It recommends that other institutions facing similar challenges in managing complex, multi-agency processes adopt similar strategies to improve both internal and external communication for more efficient operations and outcomes.  
Perlindungan Konsumen bagi Warga Negara Asing di Indonesia: Analisis Yuridis dan Sosiologis Adinda Marsha; Najwa Nur; Ahmad Azmi
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1251

Abstract

Consumer protection is an important pillar in ensuring fairness and balance in the relationship between business actors and consumers, including for foreign nationals who transact in Indonesia. Economic globalization and digital developments are expanding the range of cross-border economic activities that demand the presence of an inclusive legal protection system that is adaptive to modern trade dynamics. This research aims to analyze consumer protection for foreign nationals in Indonesia through juridical and sociological approaches to understand the implementation of legal norms, the effectiveness of dispute resolution mechanisms, and the social realities faced by foreign consumers in practice. The research method used is normative legal research with a legislative approach and a sociological approach through the analysis of the literature, regulations, and empirical findings from various studies related to cross-border consumer protection. The results of the study show that although normatively Law Number 8 of 1999 concerning Consumer Protection guarantees equal rights for all consumers, in practice there are still administrative, cultural, linguistic, and information access obstacles experienced by foreign citizens. These findings affirm the importance of harmonizing consumer protection policies with the principles of global justice, accessibility, and non-discrimination.
Integrasi Pendidikan Pancasila di Pesantren: Tinjauan Yuridis terhadap UU Sistem Pendidikan Nasional Zahwa Anzhella Pasya; Syarifah Annas Tasya; Juwita Widianingrum; Anis Muslikhah; Ahmad Mustain Nasoha
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1281

Abstract

 Islamic boarding schools (pesantren) play a strategic role in shaping the character, morality, and spirituality of the Indonesian nation as traditional Islamic educational institutions that have long contributed to social and religious life. Although their existence has been legally recognized through Law Number 18 of 2019 on Pesantren, the integration of Pancasila values into pesantren curricula continues to face several challenges, particularly in aligning these values with the provisions of the National Education System Law (UU Sisdiknas). This study aims to analyze the legal standing of pesantren within the national education system, identify opportunities and obstacles in implementing Pancasila Education in pesantren environments, and formulate policy recommendations that strengthen the internalization of national values. Using a normative juridical approach, this research examines national education regulations and religious education frameworks to understand the role of pesantren in supporting national development based on Pancasila. The findings of this study are expected to serve as a reference for the government, education stakeholders, and pesantren administrators in optimizing the role of pesantren as centers of character and civic development, as well as enhancing public understanding of the importance of harmonizing religious education with national civic education.
Tanggung Jawab Administrasi Pemerintah dalam Era Digital: Analisis Implementasi Sistem OSS-RBA dalam Penyelenggaraan Perizinan Berbasis Risiko Silalahi, Wilma; Putri, Mutiara
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : 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.v2i4.1284

Abstract

The digital transformation of public administration in recent decades has reshaped government service delivery, particularly through the adoption of technology as a tool to enhance transparency, efficiency, and accountability. The implementation of the Online Single Submission–Risk Based Approach (OSS-RBA) represents Indonesia’s strategic effort to create an integrated licensing framework aligned with the principles of good governance. This study aims to analyze the forms of administrative responsibility in digital-based licensing services under OSS-RBA and examine the accountability mechanisms applicable when system failures affect legal certainty for business actors. The research employs a normative juridical method using statutory, conceptual, and case approaches through the examination of regulations, doctrines, and administrative court decisions. The findings indicate that digitalization does not alter the core of governmental responsibility, as every decision generated by the system is legally attributed to the competent administrative authority. The implementation of OSS-RBA still faces obstacles such as system errors, data inconsistencies between institutions, and delays in technical verification, all of which directly affect legal certainty and the quality of public services. Furthermore, internal and external oversight mechanisms are not yet fully effective in preventing maladministration, including unreasonable delays and inaccuracies in automated decision-making. The study also shows that business actors require more responsive administrative remedies to prevent technological risks from shifting entirely onto them. Therefore, this research concludes that the effectiveness of OSS-RBA depends on strengthening institutional capacity, harmonizing regulations, and ensuring the consistent application of good governance principles throughout all stages of digital licensing administration.

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