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ULJLS
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 30260477     DOI : 10.32734
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ultimate Journal of Legal Studies (ULJLS) is a peer-reviewed journal published by Doctoral in Law Program, Universitas Sumatera Utara two times a year, in May and November. All papers submitted to this journal should be written in English. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. ULJLS is available in print and online version. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law, Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law; Economic Law; Adat Law; Labor Law; Agrarian Law; Intelectual Property Rights Law; Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
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Comparative Study of the Legal Maxims Raf‘u al-Haraj and Daf‘u al-Dharar in Relation to the Fundamental Principles of Western Law Yusrawati Yusrawati
Ultimate Journal of Legal Studies Vol. 4 No. 1 (2026): Contemporary Challenges in Law, Technology, and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v4i1.25593

Abstract

The research is grounded in the premise that both legal traditions seek to achieve justice and protect human welfare, yet they operate within distinct philosophical and normative frameworks. The objective of this research is to analyze the conceptual foundations of these Islamic legal maxims, identify corresponding principles in Western law, and systematically evaluate their similarities and differences from both philosophical and juridical perspectives. The study employs a normative juridical research design with a comparative law approach. The methods used include statute, conceptual, and comparative approaches, supported by library-based data collection involving primary, secondary, and tertiary legal materials. Data are analyzed qualitatively through legal interpretation, doctrinal analysis, and comparative evaluation to generate structured and coherent findings. The findings indicate that both raf‘u al-haraj and daf‘u al-dharar share functional similarities with Western legal principles such as proportionality, equity, and harm prevention, particularly in their role of mitigating hardship and preventing injustice. However, fundamental differences arise in their epistemological bases, where Islamic law is rooted in divine revelation and maqāṣid-oriented reasoning, while Western law is grounded in secular rationality and institutional legal structures. The novelty of this research lies in its integrated comparative framework that not only highlights conceptual convergence but also critically delineates structural and philosophical distinctions, thereby contributing to the development of a more comprehensive and responsive legal discourse in a global context
Dispute Resolution in Mixed Marriages Under the Perspective of Private International Law in Indonesia Said Muhammad Nadhif Said; Yati Sharfina Desiandri; Hilbertus Sumplisius M. Wau
Ultimate Journal of Legal Studies Vol. 4 No. 1 (2026): Contemporary Challenges in Law, Technology, and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v4i1.26001

Abstract

Mixed marriage is a legal phenomenon that continues to increase along with globalization, international mobility, and interactions between citizens of different countries. Such marriages often give rise to legal issues related to citizenship, marital property, child custody, inheritance, and the determination of applicable law. This study aims to analyze the settlement of disputes arising from mixed marriages within the framework of Private International Law in Indonesia. The research uses a normative juridical method through the examination of legislation, legal doctrines, and relevant literature. The findings indicate that Indonesia applies several connecting factors, including nationality, domicile, and legal principles recognized in Private International Law to determine the applicable law in mixed marriage disputes. However, legal uncertainty remains due to the absence of a comprehensive codification of Private International Law in Indonesia. Therefore, legal reform is necessary to provide certainty, justice, and legal protection for parties involved in mixed marriages. The study concludes that strengthening regulations and harmonizing legal principles are essential to effectively address cross-border family law disputes
Juridical Analysis of Alleged Violations of Article 14 of Law No. 5 of 1999 Related to Vertical Integration by Sany Group (Case Study: ICC Decision Number 18/ICC-L/2024) Karin Brigitta; Ningrum Natasya Sirait; Robert Robert
Ultimate Journal of Legal Studies Vol. 4 No. 1 (2026): Contemporary Challenges in Law, Technology, and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v4i1.26494

Abstract

The era of globalization has encouraged the influx of foreign investment into Indonesian industries, creating market structures that are vulnerable to anticompetitive practices by multinational corporations. The Sany Group case has become a significant precedent in the enforcement of Indonesian competition law. KPPU Decision Number 18/KPPU- L/2024 represents the first vertical integration case involving a foreign entity and resulted in a substantial administrative fine. This study examines the regulation of vertical integration under Indonesian competition law, the provisions governing dealer agreements with foreign business actors, and the juridical analysis of KPPU Decision Number 18/KPPU- L/2024 concerning the alleged violation of Article 14 of Law Number 5 of 1999 by Sany Group. This research employs a normative juridical method with a descriptive nature, utilizing statutory, conceptual, and case approaches. Data were collected through library research and analyzed qualitatively using a deductive reasoning framework. The findings indicate that, procedurally, the decision has fulfilled the elements required under Article 14. Substantively, however, the essence of Sany Group's violation lies in the abuse of economic dependence arising from asymmetrical bargaining power rather than merely vertical integration. The application of the extraterritoriality principle in this decision faces challenges because Law Number 5 of 1999 does not explicitly regulate the authority of the Business Competition Supervisory Commission (KPPU) in this regard. In practice, Sany Group's conduct more closely corresponds to the provisions of Article 25 concerning the abuse of a dominant position. The inability of Article 25 to adequately address this case stems from its quantitative approach based on market share thresholds. This study recommends revising the implementing guidelines of Article 25 to accommodate the concept of abuse of economic dependence and to clarify the extraterritorial authority of the KPPU.

Page 4 of 4 | Total Record : 33

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