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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 109 Documents
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Efektivitas Perubahan Perilaku dalam Perkara Praktik Penguasaan Pasar dan Penyalahgunaan Posisi Dominan Pitaloka Alif Savitri; Erna Susanti; Setiyo Utomo
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.v2i4.1285

Abstract

The rapid growth of Indonesia’s digital economy has created opportunities while simultaneously increasing the risk of monopolistic practices and unfair business competition. To address these issues, the Business Competition Supervisory Commission (KPPU) introduced behavioral remedies as an alternative dispute settlement mechanism. This study aims to analyze the effectiveness of behavioral remedies in cases of market control and abuse of dominant position. The research employs a doctrinal legal method. Effectiveness is assessed through two main indicators, namely the restoration of market conditions and the prevention of repeated violations. The findings show that this mechanism is generally effective in restoring competition and preventing recurrence, as demonstrated in several KPPU cases, including Case No. 04/KPPU-I/2024. However, its effectiveness remains conditional, as the mechanism is reactive, does not impose fines, and is monitored only for a relatively short period. Moreover, although KPPU Regulation No. 2 of 2023 regulates this mechanism, it does not provide sufficient legal explanation regarding the classification of articles that are permitted. Therefore, stronger monitoring and more detailed legal clarification are required to ensure the sustainable effectiveness of this mechanism in maintaining fair competition.
Peranan Klausul Choice of Law dalam Penyelesaian Sengketa Kontrak Internasional: Perspektif Hukum Perdata Internasional Anindya Zakiyah; Aulia Indryani; Muhammad Ilham Pratama; Sri Handayani
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.v2i4.1310

Abstract

In an era of globalization marked by increased cross-border interactions, legal relationships in international contracts have become increasingly complex and demand legal certainty for the parties involved. This study aims to analyze the implementation of choice of law clauses in the settlement of international contract disputes from the perspective of International Civil Law. The method used is normative legal research with a qualitative analytical approach through a review of regulations, doctrines, and relevant legal literature. The results of the study show that choice of law clauses play an important role in providing legal certainty, efficiency in the dispute resolution process, and protection of the interests of the parties. However, its application is still limited by the principle of public policy and mandatory rules in the forum country. Thus, the choice of law clause is an important instrument that reflects the balance between the principle of party autonomy and the principle of state sovereignty in the practice of International Civil Law.
Analisis Hukum Terkait Kondisi Pembatalan dalam Perjanjian Jual-Beli Daring Berdasarkan Prinsip Hukum Kontrak dan Implementasi Undang-Undang Perlindungan Konsumen Nomor 8 Tahun 1999 Bambang Tresno Wahyudi
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.v2i4.1318

Abstract

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.
Analisis Yuridis Pembentukan Dewan Advokat Nasional Sebagai Wadah Tunggal Organisasi Advokat di Indonesia Akrom Maulana W.M; Pramukhtiko Suryo K
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.v2i4.1324

Abstract

Advocates are law enforcers whose professionalism depends on a structured organization. Following Constitutional Court Decision No. 112/PUU-XI/2013, advocate organizations in Indonesia have experienced fragmentation (multi-bar). This situation has created disorganization, differing recruitment standards, education, and enforcement of codes of ethics, weakening national oversight of the profession. This study aims to analyze the legal standing and organizational form of the National Advocates Council (DAN) to address this disorganization, specifically in light of Law No. 18 of 2003 concerning Advocates. The method used is normative juridical with a statutory and conceptual approach. The study concludes that to maintain freedom of association and achieve professional unity, DAN should be established as a federation, not a single body (single bar). DAN's primary function is to establish uniform national professional standards, enforce codes of ethics, oversee legal aid, and strengthen the integrity of advocates as law enforcers. The establishment of DAN requires a revision of the Advocates Law to ensure strong legal standing.
Implementasi Pancasila sebagai Sumber dari Segala Sumber Hukum dalam Pendidikan Pesantren dan Madrasah Dinniyah Mulia Syarifatuzzahra; Ahmad Muhammad Mustain Nasoha; Altra Slashearly Ryanlista Firstly; Afri Khoirunnisa; Fika Alda Faruzia; Tan Hana Salma Rahmatullah
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.v2i4.1326

Abstract

Pancasila, as the state foundation and the source of all sources of law, has a strategic role in shaping the national education system, including religious-based institutions such as pesantren (Islamic boarding schools) and madrasah diniyah (non-formal Islamic religious schools). This study aims to examine how Pancasila values are internalized into the curriculum, school regulations, and educational practices of pesantren and madrasah diniyah. The research uses a qualitative approach with a library study design. Data were obtained from literature, journals, regulations, and official documents. The findings show that Pancasila provides a normative foundation for the development of pesantren education regulations and serves as an ethical guideline for shaping students’ character. The values of divinity, humanity, unity, deliberation, and social justice are reflected in educational practices, although the implementation is often influenced by local culture and the autonomy of pesantren. In conclusion, Pancasila functions not only as the basic legal norm but also as a source of inspiration for moral and civic education in pesantren and madrasah diniyah.
Penerapan Pemberatan Pidana terhadap Tindak Pidana Penipuan dalam Rekrutmen Aparatur Sipil Negara: Studi Putusan Nomor 1175/Pid.B/2024/PN Mks M Rayhan Ramadhan; Ambo Esa; Asrul Aswar
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.v2i4.1328

Abstract

This study analyzes the application of sentence enhancement to perpetrators of fraud in the recruitment of civil servants (ASN) and examines the consistency of judicial reasoning in Decision No. 1175/Pid.B/2024/PN Mks. The research focuses on two main issues: the fulfillment of the requirements for sentence enhancement under Articles 52 and 486–488 of the Indonesian Criminal Code (KUHP), and the alignment of the judge’s considerations with the principles of criminal sentencing. Using a normative juridical method and employing statutory, case, and conceptual approaches, this research finds that the application of Article 378 KUHP was appropriate, as the elements of deception were proven. However, sentence enhancement under Articles 52 and 486–488 KUHP was not applied due to the absence of a functional connection between the perpetrator’s status as an ASN and the offense, as well as the failure to meet the formal requirements of recidivism. Although the decision is legally defensible in a formal sense, it lacks substantive completeness in addressing moral and sociological considerations. The perpetrator’s ASN status and prior conviction should reasonably serve as aggravating factors. The study concludes that while the decision is normatively consistent, it falls short of achieving substantive justice, particularly regarding public protection and the integrity of the civil service.
Analisis Penjatuhan Hukuman dalam Tindak Pidana Aborsi di Pengadilan Negeri Makassar : Studi Putusan Nomor:1224/Pid.Sus/2022/PN.Mks Wahid Ramadhan; Andi Rahmah; Andi Tanwir Mappanyukki
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.v2i4.1330

Abstract

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.
Implikasi Kehilangan Kewarganegaraan terhadap Hak Milik Tanah: Analisis Yuridis UUPA Muhammad Kharismaning Jagad Raya; Annisah Eka Dewi Saputri; Nabila Deslara Diva A.R
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.v2i4.1331

Abstract

Losing citizenship has significant legal consequences, particularly concerning land ownership rights. According to the Basic Agrarian Law (UUPA) No. 5 of 1960, land ownership is only permitted for Indonesian citizens. Therefore, individuals who lose their citizenship status automatically forfeit their right to own land. This study aims to analyze the legal implications of losing citizenship on land ownership rights and the resolution mechanisms outlined in the UUPA. The research employs a normative legal approach using secondary data sources such as laws and regulations, legal literature, and court decisions. The findings indicate that individuals who lose their citizenship are required to relinquish or transfer their land ownership within one year. If this is not done, the ownership rights will be nullified by law, and the land will revert to the state. This reflects the protection of the principles of nationality and national sovereignty in land control. Therefore, resolving land ownership issues for individuals who lose their citizenship is crucial to balancing individual rights and state interests.
Analisis Yuridis terhadap Pelanggaran Hukum Humaniter Oleh Pasukan Israel di Jalur Gaza Pratama Alifiandi; Nabila Aulia Nurahma; Nova Romadzoni Fadzillah
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.v2i4.1337

Abstract

The armed conflict between Israel and Palestine, particularly in the Gaza Strip, has caused severe humanitarian impacts and raised strong allegations of violations of International Humanitarian Law (IHL). Israel’s military attacks on civilians, hospitals, and public infrastructure demonstrate breaches of the principles of distinction, proportionality, and humanity as stipulated in the 1949 Geneva Conventions and the 1977 Additional Protocol I. This study aims to analyze the forms of violations committed by Israeli forces and examine their legal accountability under international law and the International Criminal Court (ICC). The research employs a normative juridical method using statutory and case approaches, with primary legal materials from international treaties and secondary materials from academic journals and human rights reports. The findings indicate that Israel’s actions in Gaza constitute grave breaches and war crimes, as they deliberately target civilians and obstruct humanitarian assistance. This study emphasizes the urgency of enforcing international law and ensuring global accountability for perpetrators while encouraging member states of the Rome Statute to support ICC-led investigations into the ongoing violations
Transaksi Jual Beli Online dan Keadilan bagi Konsumen Indonesia Adlan Ali; Emir Zaygh
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.v2i4.1355

Abstract

The rapid growth of online commerce in Indonesia has significantly transformed the way people fulfill their daily needs by providing easier, faster, and more flexible access to goods and services through digital technology. Despite these advantages, the development of e-commerce also presents serious challenges, including rising cases of online fraud, discrepancies between advertised and delivered products, failed transactions, and personal data breaches that threaten consumer privacy. These issues create imbalances in digital contractual relationships, undermining trust and legal certainty for buyers. This study aims to analyze the implementation of the principle of fairness for consumers in e-commerce practices in Indonesia, while also identifying regulatory weaknesses and existing dispute resolution mechanisms. Using a normative legal research approach supported by case studies, the study examines the effectiveness of relevant legal frameworks, particularly the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE). The findings reveal that although these regulations provide a legal basis for consumer protection, their implementation remains inadequate. Weak supervision of online business actors, limited accountability of platform providers in ensuring transaction security, and complex, costly compensation procedures continue to hinder consumer rights protection. These conditions highlight the urgent need to strengthen consumer protection systems that are more adaptive, efficient, and oriented toward public interest. The study emphasizes the importance of improving online dispute resolution mechanisms, enhancing transparency and responsibility of digital platforms, and expanding digital literacy among consumers. Such measures are essential to ensure that fairness in e-commerce is not only guaranteed normatively, but also effectively realized in everyday digital transactions.

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