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INDONESIA
Jurnal CENDIKIA ISNU
Published by ISNU Sumatera Utara
ISSN : -     EISSN : 30639530     DOI : 10.70826
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal includes, but is not limited to, the following areas: Criminal Law, Civil Law, and Constitutional Law: Contemporary analysis, interpretation, and application of positive law in addressing challenges within the justice system. Islamic and Sharia Law: Studies on the principles, application, and adaptation of Islamic law in modern contexts, including Islamic banking, family law, inheritance, and related issues. Legal Integration: Exploration of the interaction and harmonization between secular law and Islamic law, particularly within pluralistic legal frameworks. Comparative Legal Studies: Cross-jurisdictional analysis of Islamic law and other legal systems to identify similarities, differences, and their implications for legal practice and policy-making. Case Studies and Legal Practices: In-depth examination of landmark and contemporary legal cases to highlight the practical implementation, enforcement, and interpretation of law in real-life situations. The journal welcomes contributions in the form of theoretical explorations, empirical research, and critical reviews of significant legal issues. By encouraging both disciplinary and interdisciplinary approaches, the journal seeks to promote innovative perspectives that enrich academic discourse, strengthen legal theory and practice, and contribute to the development of law as a foundation of justice and social order.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 96 Documents
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Artificial Intelligence and the Future of Employment Relations in Indonesia: Reformulating Labor Law to Protect Workers’ Rights Muhammad Amar Adly; Azzahrawani Syakira
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1957

Abstract

The development of Artificial Intelligence (AI) is changing labor relations through the automation of tasks and the use  of algorithmic management in recruitment, supervision, performance evaluation, and labor decision-making. These changes raise questions about the adequacy of Indonesian labor laws in protecting workers when decisions that impact their rights are increasingly mediated by algorithms. This study aims to analyze regulatory gaps in the use of AI in employment relations and formulate a legal reformulation model that is able to balance technological innovation with the protection of workers' rights. The research uses normative legal methods with legislative, conceptual, comparative, and policy analysis approaches, through qualitative analysis of national regulations, legal doctrines, academic literature, and international documents. The results show that Indonesian law has not comprehensively regulated algorithmic transparency, AI-based discrimination, worker data protection, the right to an explanation, human examination, and accountability for automated decisions. The study recommends human-in-command-based reformulation, algorithmic accountability, algorithmic impact assessment, data protection, human review, reskilling, and social dialogue. The framework is needed to ensure that AI transformation takes place in an innovative manner that is at the same time fair, accountable, and oriented towards worker protection.  
Strengthening Legal Protection for Local Businesses in Indonesia amid Free Trade Competition Watni Marpaung; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1958

Abstract

Free trade expands market opportunities for local businesses, but at the same time increases the inequality of competitive capacity between domestic businesses and business actors with stronger resources, technology, and market networks. This study aims to analyze the adequacy of Indonesia's legal framework in protecting local businesses in the midst of free trade competition and formulate a model of strengthening law based on competitive equality. The research uses normative legal methods with legislative, conceptual, analytical, and comparative approaches, through the analysis of primary, secondary, and relevant international trade instruments. The results of the study show that local business protection is available through the MSME regime, competition law, and national economic policies, but is still fragmented and has not fully responded to structural inequality and digital market transformation. The study found that repressive protection alone is inadequate to deal with data mastery, platform dependence, bargaining power inequality, and market access barriers. The research recommends the implementation of integrated legal protection based on competitive equality through strengthening business capacity, protecting market access, and institutional capacity for law enforcement. This model allows Indonesia to maintain trade openness while fulfilling the mandate of economic democracy and creating fairer competition for local businesses.  
The Legal Status of Digital Platform Workers in Indonesia: Rethinking Employment Relations and Labor Protection Indra Utama Tanjung; Mahira Salsabila
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1959

Abstract

The transformation of the digital economy has given birth to platform workers who carry out work activities through applications, but their legal status is still in uncertainty because contractual relationships are generally constructed as partnerships. This study aims to analyze the adequacy of the concept of employment relations in Indonesian labor law and formulate a legal approach that is able to determine the status of platform workers based on the actual character of the employment relationship. The research uses normative legal methods with legislative, conceptual, comparative, and case approaches. An analysis was conducted on Indonesian labor regulations, international legal documents, and comparative legal developments regarding platform work. The study found that algorithmic control, economic dependence, organizational integration, remuneration control, disciplinary capacity, and risk allocation can form subordination even though the relationship is formally called a partnership. The status of platform workers needs to be determined based on the substance of the relationship, not solely the nomenclature of the contract. Indonesia needs to develop a functional employment relationship test, presumption of an employment relationship, and protection against algorithmic transparency, social security, and an objection mechanism to automated decisions.  
Insurance Claim Rejection Due To Misrepresentation In Indonesia: Balancing The Principle Of Utmost Good Faith And Consumer Protection Mohammad Amir Bin Wan Harun; Siti Fatimah
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1960

Abstract

The rejection of insurance claims due to misrepresentation creates tension between the principle  of utmost good faith and the need for consumer protection, especially after the Constitutional Court Decision Number 83/PUU-XXII/2024 changed the construction of Article 251 of the Criminal Code. This study aims to analyze the limits of the application  of misrepresentation as a basis for rejecting claims and formulate a balance between the insured's disclosure obligation and consumer protection. The research uses normative legal methods with legislative, case, conceptual, and analytical approaches to insurance regulations, consumer protection regulations, and relevant court decisions. Research has found that misrepresentation cannot automatically erase the rights of the insured. The legitimacy of a claim rejection must be tested through five parameters: materiality, knowledge and intention, causation, proportionality, and procedural fairness. Utmost good faith should be understood as a bilateral principle that binds the insurer and the insured, while the Constitutional Court Decision strengthens the restriction on unilateral cancellation of coverage. More operational regulatory guidelines on materiality, proof, and claim rejection procedures are needed to realize proportionate consumer protection without compromising the insurer's ability to handle fraud.  
Transparency of Exclusion Clauses in Insurance Contracts: Reconstructing Insurers’ Legal Liability for Claim Rejection Hisam Ahyani; Rizki Khoiril Waladi Siahaan
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1961

Abstract

Exclusion clauses are an important instrument in insurance contracts to limit insurers' risks, but the vagueness and non-transparency of clauses can create contractual imbalances and become the basis for the rejection of legally problematic claims. This study aims to analyze the legal position of exclusion clauses and reconstruct the liability of insurers in rejecting claims based on the principle of transparency. The research uses doctrinal legal methods with legislative, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through norm mapping, critical evaluation, and normative reconstruction. The research finds that the formal existence of exclusion clauses is not enough to legitimize claim rejection. Transparency must meet the dimensions  of clarity, prominence, accessibility, materiality, and comprehensibility. The research further developed  a Transparency-Based Insurer Liability model  that requires validity, visibility, intelligibility, and application as the basis for accountability. Transparency is the legal threshold for the legitimacy of claim rejection, so the contractual authority of the insurer must be accompanied by accountability in designing, communicating, interpreting, and applying exceptions. Financial Services Authorities need to strengthen the transparency standards of exclusion clauses, while insurance companies need to implement plain-language drafting and a mechanism for proving the submission of material information.  
Transforming Payment Systems through QRIS in Indonesia: Regulatory Challenges in Advancing an Inclusive Digital Financial System Muhammad Ikhlas Bin Rosele lubis; Yara Shita
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1962

Abstract

The transformation of digital payments through the Quick Response Code Indonesian Standard (QRIS) has changed the structure of Indonesia's financial transactions, but the expansion of its use has also resulted in new challenges related to consumer protection, security, data governance, and equality of access. This study aims to analyze the adequacy of the QRIS regulatory framework in supporting an inclusive digital financial system and identify the regulatory gap between innovation expansion and legal protection. The research uses normative legal methods with legislative, conceptual, and analytical approaches. Legal materials are analyzed descriptively-analytically and prescriptively to evaluate the coherence and regulatory effectiveness of digital payment systems. Research shows that QRIS has evolved from a standardization instrument to a strategic digital financial infrastructure. Although the regulatory framework is becoming more comprehensive, there are still challenges in ensuring consumer protection, operator accountability, data security, and substantive access for unbanked and underserved groups. Digital inclusion is not enough to be measured through adoption growth, but must be accompanied by effective legal protection. QRIS regulations need to be directed at proportional innovation governance based on interoperability, consumer protection, data security, substantive access, and accountability to realize equitable and sustainable digital financial inclusion.  

Page 10 of 10 | Total Record : 96

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