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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 76 Documents
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Legal Aspects of Business Contracts with the Threat of Punishment: Perspectives on the Protection of the Injured Party and Fairness of the Contract Ibnu Juda Sembiring; Fauzan Hafizh; Wan Adrah Modana Barus; Mulia Aqsa Muhairir; Dollynoor Ilman
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.835

Abstract

Business contracts are important legal instruments regulated by the Civil Code, particularly those related to agreements between parties in business activities. This study discusses various important aspects of business contracts, including the main components, forms of legal protection, the advantages and disadvantages of legality, elements of agreements, and the concept of force majeure. Based on Article 1320 of the Civil Code, a business contract must meet four valid requirements: agreement, capacity, a certain thing, and a lawful cause. Legal protection in business contracts is divided into two forms: preventive and repressive. Although the legality of business contracts provides various benefits such as legal certainty and protection for the parties, there are also several limitations such as costs, time, and unforeseen risks. In the context of force majeure, this condition can be a forgiving reason for debtors who cannot fulfill their obligations due to circumstances beyond their control. A thorough understanding of these aspects is important to create safe and sustainable business relationships within the applicable legal framework.
Prevention and Annulment of Marriage According to the Civil Code and Law No. 1 of 1974 Ali Ansori; Fahriani Tanjung; Mia Kresni Indah Sari; Sulistia Putri; Varissa Rikaz Putri
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.836

Abstract

This study examines the prevention and annulment of marriages according to the Civil Code (KUHPerdata BW) and Law No. 1 of 1974 concerning Marriage in Indonesia. The background of this study is the importance of understanding the legal basis governing the validity of marriages to maintain social order and protect individual rights. The differences between these two legal systems create complexity in their application in society, particularly regarding the reasons underlying the prevention and annulment of marriages. The study aims to analyze the comparative legal regulations between the Civil Code (KUHPerdata BW), which has colonial nuances, and Law No. 1 of 1974, which is based on national legal principles. This study is useful for the development of legal science, especially in understanding the implementation of marriage law that is relevant to the context of Indonesian society. The method used is library research by reviewing legal literature, laws and regulations, and related documents. Case studies are used to strengthen the analysis, by highlighting legal cases that reflect the challenges of implementing these rules in the field. The results of this study are expected to contribute to the development of marriage law policies that are more inclusive, harmonious, and in accordance with the needs of society and current developments.
Contract Termination from a Civil Law Perspective: A Review of Mechanisms, Types, and Legal Implications Alfi Syahrin Niza Raja Rambe; Fauzan Lubis; Muhammad Mikail Harahap; Khairunnisa Siregar
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.837

Abstract

This study examines the deposit agreement in two legal systems applicable in Indonesia, namely the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The deposit agreement is a form of trust between the owner of the goods and the recipient of the deposit that has legal consequences. This study uses a normative juridical method with a comparative legal approach to analyze the similarities and differences in the provisions of the deposit in both legal systems. The results show that the Civil Code regulates the deposit of goods in Book III Chapter XI Articles 1694-1739, while the KHES regulates it in Chapter XIV concerning Wadi'ah. Both systems have similarities in terms of the obligation of the recipient of the deposit to maintain and return the goods in their original condition, but there are fundamental differences in the aspect of providing compensation and the responsibilities of the recipient of the deposit. The Civil Code allows for deposit with payment, while the KHES regulates wadi'ah as a tabarru' contract that is mutual in nature. This study contributes to a comprehensive understanding of the legal dualism of deposit in Indonesia that can be used as a reference in business practices and dispute resolution.
Analysis of the Recognition and Validation of Children Born Out of Wedlock and the Legal Consequences According to Civil Law and Rights Provisions Anisa Mutiara Kartini Nasution; Nuur Zayana Purba; Nadia Agustira; Annisa Sonia Moniq Harahap; Ilham Syah
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.838

Abstract

In this case, the law fully plays a role in enforcing proper matters, and the concept of legal marriage is an absolute necessity within the concept of marriage. While the status of a child can be considered capable and present as a balancing force, in terms of legal considerations, the existence of an illegitimate child is completely incapable of being recognized. The type of research taken is based on the focus of all results from newspapers, magazines, and articles, not only in writing, analyzing, and processing data from several data sources. This type of qualitative research has an understanding of the meaning and concept of the atmosphere of the research phenomenon developing in society. Qualitative research aims to pay attention to the meaning and concept of a phenomenon. In general, if the status of an illegitimate child is legally recognized, it is if the orphanage or social services as one of the institutions that really protects abandoned children. Because the purpose of applying the actual legal function and in the concept of legitimate and illegitimate children must be distinguished from inheritance, criminal rights, and civil rights.
The Position of People as Legal Subjects: Analysis of the Concepts of Maturity and Authority Teguh Ibadurrahman; Jannatun Naim; Sahman Azhari Mtd; M Fikri Haiqal; Alvito Audryanza Saragih
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.839

Abstract

A person's status as a legal subject depends heavily on their maturity and legal authority. In Indonesia, maturity is defined as 21 years of age according to the Civil Code (KUHPerdata), although there are exceptions for those who marry before that age. Meanwhile, in Islamic law, maturity is more defined by physical and psychological maturity, with the general age limit being 15 years. This maturity directly impacts legal authority, which includes the capacity to enter into contracts, manage property, and be responsible for criminal acts. Minors and legally incompetent individuals require legal protection through a guardian or custodian to prevent potential abuse. The implications of this imbalance in legal authority, both for children and incapacitated individuals, give rise to the need for protection mechanisms, such as pardons or guardianship. This research aims to provide an understanding of the relationship between maturity and legal authority and solutions to this imbalance in the Indonesian legal system. Therefore, legal protection for legally incompetent individuals is essential to achieving justice and preventing exploitation.
Comparison of Principles in Rental Agreements According to the Civil Code and KHES Anggi Wirakusuma; Amanda Syafani Al Ikhsan Hasibuan; Adhitya Aldhani Wijaya; Muhammad Yasir Azhar; Muhammad Asdon Munthe
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.840

Abstract

This study discusses the comparison of legal principles in rental agreements according to the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The background of this study is the importance of understanding the differences and similarities between the two legal systems applicable in Indonesia, especially in the context of a pluralistic society. The research method used is normative research with a comparative approach, through analysis of legal documents, literature, and related case studies. The research stages include identifying the main principles in the Civil Code and KHES, comparing the principles of freedom of contract, consensualism, good faith, and justice and welfare. The results of the study indicate that the principle of freedom of contract in the Civil Code is more flexible than the KHES which is limited by sharia values. The principles of consensualism and good faith are applied differently, with the KHES adding unique moral and religious dimensions. The conclusion of this study confirms that the KHES places more emphasis on justice and welfare in every agreement, while the Civil Code focuses on legal certainty. These findings are relevant to understanding the application of law in pluralistic societies and enhancing harmony between the two legal systems.
Concept and Procedures for the Distribution of Joint Inheritance for Heirs of Classes I, II, and III According to the Civil Code (Burgerlijk Wetboek) Geri Pratama Andika; Imam Kurniawan; Perwira Al Arasy; Osama Pangestu; Mhd Rafli Afrilianda Saragih
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.841

Abstract

This study discusses the concept and procedures for inheritance distribution based on the rules in the Civil Code (BW) (Burgerlijk Wetboek), specifically the distribution involving heirs from classes 1, 2, and 3 simultaneously. The Civil Code regulates inheritance distribution in stages based on close blood relations to ensure fairness in the distribution of inherited assets. However, in practice, inheritance distribution often faces complexities due to the presence of heirs from different classes, the influence of wills or gifts, and conflicts between heirs. This study uses a qualitative approach with descriptive analysis to explore these issues. The results show that the main complexities lie in the differences in rights among heirs within one class, the simultaneous presence of heirs from different classes, and administrative and document constraints. Family conflicts often exacerbate the situation, requiring mediation or legal settlement to achieve justice. As solutions, the involvement of notaries, document digitization, increasing legal literacy, and mediation are identified as effective steps to overcome these challenges. This study provides insight into the importance of alignment with the Civil Code (BW) in ensuring legal certainty and justice in inheritance distribution.
Civil Law Analysis of Life Insurance Agreements in the Context of Contractual Justice for Consumer Ardelina Ayu Lestari; Dini Sakinah; Bahzi Atsil; Nurul Fattah Poham; Ibnu Farhan
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.842

Abstract

A life insurance contract is a form of contractual agreement between an insurance company as a business actor and the insured as a consumer. In practice, the imbalance in position between the two parties often gives rise to issues of contractual fairness, particularly when the policy terms and conditions tend to be unilateral and not fully understood by the consumer. This study aims to analyze life insurance contracts based on the principles of civil law, particularly the principles of freedom of contract, good faith, and balance in the contract. The research method used is a normative juridical approach with a literature review of laws and regulations, legal doctrine, and relevant court decisions. The results of the analysis indicate that although formally the life insurance contract meets the requirements for a valid contract according to Article 1320 of the Civil Code, the substance of the contract clauses often contradicts the principle of fairness, particularly in terms of exclusions of coverage, unilateral cancellation, and premium provisions. Therefore, it is necessary to enforce the principle of consumer protection through strict supervision by relevant authorities such as the Financial Services Authority (OJK), as well as legal interpretation that favors substantial justice for consumers. This study concludes that updating the contract model and strengthening regulations are necessary to ensure a balance of rights and obligations between parties in a life insurance agreement.
Metadata Management in the Digital Age: A Qualitative Approach to Practices and Challenges in Modern Organizations Silvia Meiliandari; Muhammad Irwan Padli Nasution; Hairul Anam
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.843

Abstract

In the era of massive digital transformation, organizations across various sectors face significant challenges in managing increasingly complex and growing volumes of data. Metadata, as descriptive information about data, plays a central role in ensuring that data can be found, understood, and reused appropriately. Metadata management not only assists in managing digital archives but also serves as the foundation for effective and efficient data governance. This study aims to explore metadata management practices in five modern organizations from the government, private sector, and nongovernmental organizations. Using a qualitative approach with in-depth interviews, system observations, and documentation studies, this study identifies the extent of metadata understanding, implementation, and challenges in real-world work environments. The results indicate that most organizations still face gaps in standardization, system interoperability, and human resource digital literacy. This study also suggests the need for a national metadata strategy and ongoing training to encourage optimal metadata utilization across all organizational levels.
The Role and Legal Responsibilities of Directors and Commissioners in Facing Administrative, Criminal and Civil Risks Syahnan Habibi Nasution; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.844

Abstract

This article examines the roles and legal responsibilities of directors and commissioners in corporate law, particularly regarding administrative, criminal, and civil risks. Directors, as the managing body, and commissioners, as supervisors, have legal obligations inherent in their strategic functions. In the Indonesian legal system, violations of the principles of prudence and good faith can give rise to personal liability. This study uses a normative juridical approach by analyzing relevant laws and regulations and jurisprudence. The results of the study indicate that there is still a lack of clarity in the application of accountability standards, particularly in distinguishing between corporate and individual management responsibilities. This lack of clarity can create legal uncertainty and risks for company managers. Therefore, this article recommends updating legal norms and strengthening the principles of good corporate governance as preventive measures to clarify the boundaries of responsibility and minimize legal risks for directors and commissioners.

Page 7 of 8 | Total Record : 76

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