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Decisio: Jurnal Ilmiah Hukum
Published by IBLAM School of Law
ISSN : -     EISSN : 30470013     DOI : https://doi.org/10.52249
Core Subject : Humanities, Education, Social,
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other
Decisio: Jurnal Ilmiah Hukum, published by STIH IBLAM, is an open-access scientific journal in the field of law for academics, legal practitioners, and students. The journal focuses on contemporary legal issues and the enforcement of justice. Its scope covers Criminal Law and Criminology, Civil and Business Law, as well as Constitutional Law and Administrative Law. The journal publishes scholarly articles, research papers, case studies, and legal studies related to various developments in legal science.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Alternatif Penyelesaian Sengketa Waralaba (Franchise) Melalui Arbitrase di Indonesia Prayudy Widyanto; Yasarman Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.38

Abstract

This study analyzes the legal framework and effectiveness of franchise dispute resolution through arbitration in Indonesia. It addresses two main questions: (1) how the law regulates dispute resolution in franchise agreements, and (2) the advantages and disadvantages of arbitration compared to general courts. The research uses a Systematic Literature Review (SLR) guided by the PRISMA protocol, with data collected from the Google Scholar database (2000–2024) using the Publish or Perish software. Out of 100 identified articles, 38 met the inclusion criteria. The findings show that 79% of the articles use normative juridical methods, while 21% combine normative and empirical approaches. The legal framework for franchise agreements includes the Indonesian Civil Code, Government Regulation No. 42/2007, and Minister of Trade Regulation No. 71/2019. Arbitration is viewed as efficient, confidential, final, and flexible, but it faces challenges like high costs and the need for court involvement in enforcing awards. The study concludes that while the legal framework for franchise dispute resolution is comprehensive, its effectiveness depends on consistent implementation.
Analisis Penerapan Asas Kepentingan Militer dalam Pemberhentian dengan Tidak Hormat terhadap Prajurit TNI Pelaku Tindak Pidana Desersi Titin Gusriyanti; Meysita Arrum Nugroho
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.40

Abstract

This research is entitled "Analysis of the Application of the Principle of Military Interest in the Dishonorable Discharge of Indonesian National Armed Forces Soldiers Who Perpetrate the Crime of Desertion." The purpose of this research is to determine and analyze the provisions of laws and regulations that regulate the principle of military interest in the process of dismissing Indonesian National Armed Forces soldiers, as well as to examine the application of this principle in the decision or decision of dishonorable discharge of Indonesian National Armed Forces soldiers who commit the crime of desertion based on Indonesian positive law. This research uses a normative juridical method with a statute approach and a conceptual approach. The data used are sourced from primary legal materials in the form of applicable laws and regulations, as well as secondary legal materials such as literature, journals, and opinions of military law experts. The analysis is conducted descriptively qualitatively to interpret the relationship between the principle of military interest and its application in legal practice. The results of the research indicate that the principle of military interest is an important basis in determining the policy of dismissing Indonesian National Armed Forces soldiers in order to maintain discipline, honor, and the effectiveness of the military organization. However, the application of this principle must still pay attention to the principles of justice, proportionality, and protection of the rights of soldiers as citizens. Therefore, the implementation of dishonorable discharge against deserters needs to be carried out selectively and in a balanced manner so as not to result in violations of applicable legal values.
Analisis hukum terhadap dasar pertimbangan hakim dalam menjatuhkan putusan perkara tindak pidana narkotika (Studi kasus Putusan Pengadilan Negeri Karawang Nomor 325/Pid.Sus/2022/PN Kwg) Adinda Rizki Nursanda; Nia Ayu Mayang Sari
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.41

Abstract

Drug abuse is a complex problem involving social, health, and legal dimensions that poses serious challenges to individuals and society. This study aims to analyze the legal considerations of judges in deciding narcotics cases in the Decision of the Karawang District Court Number 325/Pid.Sus/2022/PN Kwg and to examine the preventive and protective measures implemented to address drug abuse in Karawang Regency. This research employs a normative juridical method with statutory and case approaches, analyzed descriptively. The results show that the defendant, Jemi Permadi alias Jemi bin Hasim, was legally and convincingly proven guilty of acting as an intermediary in the illegal sale and purchase of Class I narcotics (methamphetamine) as stipulated in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Based on the facts revealed during the trial, the panel of judges concluded that all elements of the criminal offense had been fulfilled and that no justifying or excusing circumstances were found. Therefore, the defendant was sentenced to seven years of imprisonment and fined IDR 1,000,000,000, with a subsidiary penalty of six months imprisonment if the fine is not paid. In addition to law enforcement efforts, the Karawang Regency Government has demonstrated a strong commitment to preventing and combating drug abuse through preventive, repressive, and rehabilitative measures. This commitment is reflected in the cooperation with the Karawang Regency National Narcotics Agency (BNNK) and the implementation of Regional Regulation Number 9 of 2019, which emphasizes the importance of medical and social rehabilitation for drug addicts. These initiatives align with the principles of Law Number 35 of 2009, which recognizes drug addicts as individuals who require rehabilitation to support their recovery and social reintegration.
Pertanggungjawaban Pidana terhadap Pelaku Kekerasan Pacaran (Dating Violence) menurut Hukum Pidana di Indonesia Miftah Fauziyya Rahma; Lilis Purba
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.42

Abstract

This study examines criminal liability for perpetrators of dating violence in Indonesia. The phenomenon of dating violence is increasing, particularly among adolescents and young adults, with various forms including physical, psychological, sexual, and economic violence. However, there are no regulations explicitly addressing dating violence as a separate crime.The results of this study indicate that dating violence can be prosecuted under various general criminal law provisions, such as Article 351 of the Indonesian Criminal Code concerning assault, Article 285 of the Indonesian Criminal Code concerning rape, and provisions in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). The form of criminal liability for perpetrators is determined based on the type of violence committed, the motive, and the resulting consequences. The main obstacles to law enforcement are the lack of specific regulations on dating violence, difficulties in establishing evidence, and low awareness among victims about reporting. Therefore, strengthening regulations and increasing public legal awareness are needed to achieve better legal protection for victims.
Kajian Hukum terhadap Status Jaminan Kebendaan Milik Pihak Ketiga dalam Kepailitan Berdasarkan Undang-Undang No. 37 Tahun 2004 Tentang Kepailitan & Penundaan Kewajiban Pembayaran Utang Daniel Baja; Heri Qomarudin
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study analyzes the legal status of third-party property used as collateral for the debts of bankrupt debtors under Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. It examines whether third-party property can be classified as part of the bankruptcy estate and how creditors holding such collateral are affected by the law. Using a normative legal approach, this research reviews relevant legislation and court decisions. The findings show that third-party property pledged as collateral is not automatically considered bankruptcy assets. However, if the collateral is inseparable from the debtor's assets, it may be treated as part of the bankruptcy estate. Additionally, the study explores the obligations of secured creditors to comply with the Bankruptcy Law in claiming their rights to collateral. Despite being entitled to collateral, creditors must follow legal procedures to safeguard the interests of all parties involved in the bankruptcy process. This study offers insights into the legal implications of collateral on third-party assets and its impact on creditors' rights in Indonesia's bankruptcy proceedings.
Dampak Ekonomi Penerapan Hukum Humaniter Internasional: Studi Kasus Konflik Palestina Dasril H; Andri Sutrisno
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.46

Abstract

This study aims to determine how the principles and provisions of international humanitarian law are applied in the context of the Palestinian conflict and to determine how the application or violation of international humanitarian law affects the Palestinian economy, particularly in the trade, infrastructure, and employment sectors. This study uses a normative legal research method, which is based on library research by analyzing primary, secondary, and tertiary legal materials. From this study, the author can draw the following conclusions: first, that the principles and provisions of IHL in the Palestinian conflict are still widely ignored in practice. Violations of the principles of distinction, proportionality, and prohibition of collective punishment often occur, even though they are clearly regulated in the Geneva Conventions and Additional Protocols. Second, that the impact of the application and violation of IHL is very significant on the Palestinian economy. Trade blockades, destruction of infrastructure, and rising unemployment demonstrate the close link between humanitarian law and economic aspects. In other words, violations of IHL are not only a legal issue, but also a major factor perpetuating the economic crisis in Palestine.
Analisis Putusan Perkara Tindak Pidana Penganiayaan yang Menyebabkan Kematian (Studi Kasus Putusan Nomor : 454/Pid.B/2024/PN.Sby Dan 1466 K/Pid/2024) Ryan Afriansyah; Bintang Wicaksono Ajie
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.47

Abstract

This study examines the basis for judges' considerations in criminal assault cases resulting in death, focusing on the Surabaya District Court Decision Number 454/Pid.B/2024/PN.Sby and the Supreme Court Decision Number 1466/K/Pid/2024. Using a normative-empirical approach, this research combines primary data from court observations with secondary data from laws, books, and journals. The findings show that judges' decisions in both cases rely on legal, sociological, and philosophical considerations. Legal considerations involve the prosecutor's indictment, court revelations, and valid evidence. Sociological aspects focus on societal conditions and the social impact of the decision. Philosophical considerations are based on justice, legal certainty, and utility. A comparative analysis of the District Court and Supreme Court decisions reveals differences in interpreting the elements of the charges, especially regarding the perpetrator's intent (dolus) and the causal link between the defendant's actions and the resulting consequences.
Tinjauan Hukum Mengenai Daluwarsa Gugatan Pemutusan Hubungan Kerja oleh Pemberi Kerja dan Implikasinya terhadap Kepastian Hukum dan Perlindungan terhadap Pekerja. (Studi Kasus Putusan Nomor 637K/Pdt.sus-PHI/2025 Jo. 139/Pdt.sus-PHI/2024/PN Bdg) Kartika Sandra Kirani Anggara; Robby Tejamukti
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.48

Abstract

Termination of Employment (TOE) constitutes a complex form of industrial relations dispute, as it involves the interests of both workers and employers who are equally protected by law. To ensure legal certainty and prevent prolonged disputes, Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes regulates the statute of limitations for filing termination of employment claims. However, this provision only limits the right of workers to file a claim within one year from the receipt of the termination decision, without imposing a similar time limit on employers. This condition potentially creates an imbalance in legal protection and contradicts the principle of equality before the law.This research aims to analyze the regulation of the statute of limitations for termination of employment claims and its application in Supreme Court Decision Number 637 K/Pdt.Sus-PHI/2025 in conjunction with Decision Number 139/Pdt.Sus- PHI/2024/PN Bdg.
Analisis Studi Kasus Pemecatan Sepihak oleh Perusahaan Swasta Hardo Sudiatmo; Momon Mulyana
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.49

Abstract

This study, entitled “Case Study Analysis of Unilateral Termination by Private Companies”, aims to analyze the regulation of employment termination (PHK) under Indonesian labor law and examine the impact of unilateral dismissal on workers through case studies in the private sector. The research employs a normative juridical approach by reviewing provisions in Law No. 13 of 2003 on Manpower, Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the Job Creation Law, and Government Regulation No. 35 of 2021, combined with empirical analysis of actual cases in private companies. The findings reveal that employment termination requires valid reasons, proper procedures, and legal protection for workers. In practice, however, unilateral dismissals are still frequently carried out on grounds inconsistent with legal provisions, resulting in legal uncertainty and liability for compensation on the part of employers. Furthermore, the enforcement of industrial relations court decisions is not always effective, creating a legal vacuum in execution mechanisms and a gap between normative ideals and practical realities. Therefore, strengthening regulations on the execution of industrial relations decisions and raising legal awareness among employers and employees are necessary to ensure legal certainty and the protection of workers’ rights.
Efisiensi, Restrukturisasi, dan PHK Massal: Batas Perlindungan Hukum Bagi Pekerja dalam Strategi Bisnis Korporasi Indra Wijaya; Arrum Budi Leksono
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.50

Abstract

Efficiency and restructuring have become primary corporate strategies in responding to the pressures of globalization, technological disruption, and economic uncertainty. In practice, these strategies are often realized through mass layoffs, which have significant social, economic, and psychological impacts on workers. This article aims to analyze the position of mass layoffs within the framework of business law, examine the extent to which labor law provides substantive and procedural protection for workers, and define the limits of legal legitimacy for corporations' use of efficiency as an excuse without neglecting the principles of justice and worker protection.This research uses a normative legal research method with a statutory and conceptual approach, accompanied by a limited comparative approach through a review of national and international empirical literature. The analysis is conducted qualitatively using prescriptive reasoning regarding labor law norms, the doctrine of business judgment, and the principles of worker protection in industrial relations. The results indicate that efficiency and restructuring can legally serve as grounds for mass layoffs as long as they meet the limits of legal legitimacy, namely, proving the rationality of the efficiency rationale, adherence to the principles of good faith and proportionality, fulfilling due process, and fulfilling workers' normative rights. Mass layoffs conducted without meeting these parameters have the potential to exceed legitimate business discretion and violate the principle of worker protection. This article emphasizes the importance of corporate accountability and strengthened legal oversight mechanisms to ensure that business efficiency is not pursued at the expense of social justice in industrial relations.

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