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Annals of Justice and Humanity
Published by Goodwood Publishing
ISSN : -     EISSN : 3090725X     DOI : https://doi.org/10.35912/ajh
Core Subject : Humanities, Social,
Annals of Justice and Humanity (AJH) is an international, peer-reviewed, and scholarly journal dedicated to the dissemination of innovative and solution-oriented research in the field of legal studies. The journal serves as an academic platform for researchers, academicians, practitioners, and legal professionals to examine contemporary legal issues, advance legal theory, and contribute to the development of justice and humanity within diverse legal systems. AJH welcomes high-quality and well-developed manuscripts that address a wide range of topics related to law and justice, including constitutional law, criminal law, civil law, international law, human rights, legal philosophy, and socio-legal studies. The journal publishes original research articles, review papers, and conceptual studies that explore emerging legal challenges, normative frameworks, and practical solutions to complex legal problems. Emphasis is placed on works that demonstrate analytical depth, methodological rigor, and relevance to current legal developments. By promoting interdisciplinary dialogue and critical legal analysis, Annals of Justice and Humanity (AJH) aims to foster scholarly debate and contribute to the advancement of legal knowledge and practice. The journal seeks to bridge theory and practice by disseminating evidence-based research that supports justice, strengthens the rule of law, and enhances understanding of the relationship between law, society, and humanity at local, national, and global levels.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
Legal analysis of change of gender of TNI soldiers from the perspective of Military Administrative Law Irfan Rifa’i
Annals of Justice and Humanity Vol. 4 No. 1 (2024): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i1.2874

Abstract

Purpose: Gender reassignment has become a complex and sensitive issue in various aspects of life, including in the military context. This study is motivated by the case of Sergeant First Class Aprilio Perkasa Manganang, who underwent gender reassignment based on Law Number 23 of 2006 concerning Population Administration without any specific regulation in military law. Research methodology: This study uses a normative juridical method with a statutory regulatory approach and conceptual analysis. Results: The results of the study indicate that currently there are no regulations that specifically regulate gender reassignment for TNI soldiers. However, the TNI institution strictly prohibits gender reassignment for its soldiers, considering the importance of stability, discipline, and order in the military environment. This prohibition is based on the principle that TNI soldiers must live their lives in accordance with their initial identities that have been determined in the recruitment process. Further analysis shows that although Law Number 23 of 2006 concerning Population Administration accommodates gender reassignment, this regulation cannot be applied directly in the military context. Therefore, special regulations are needed that clearly regulate the prohibition of gender reassignment for TNI soldiers as well as administrative procedures that support this policy. Conclusions: This study concludes that regulations prohibiting gender reassignment for TNI soldiers need to be strengthened in military administrative law to ensure legal certainty and discipline in military institutions. In addition, there needs to be a clear monitoring and implementation mechanism to prevent abuse and maintain the integrity and professionalism of TNI soldiers.
Legal analysis of Judge's considerations in the decision of expiration of prosecution to be resolved legally in military discipline (Case Study Decision of the Main Military Court Number:27-K/PMU/BDG/AD/VI/2023) John Hesekiel Simanjuntak
Annals of Justice and Humanity Vol. 4 No. 1 (2024): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i1.2877

Abstract

Purpose: the author is interested in conducting this research; One of the problems related to the dilemma between formal or material categories can be seen related to the expiration date. Research methodology: This research is a normative legal research by discussing case studies of existing court decisions and is linked to applicable provisions and regulations and the opinions of legal scholars. Conclusions: The conclusion of this study is that the statute of limitations (verjaring) is regulated in Article 78 of the Criminal Code (KUHP) which is in fact the time limit for the public prosecutor to exercise his prosecution authority. In fact, the statute of limitations is a material aspect that is considered no longer needed for criminalization because it exceeds the time. However, there is an opinion that considers that the statute of limitations is a formal scope, because it is related to the administration of a case, not the main material of the case. On this basis, it can be seen that there are differences of opinion regarding the scope of the statute of limitations, which is in fact debated between the material or formal realm.
Legal analysis of determination of the status of evidence in the criminal case of corruption of TWP AD in the Supreme Court's Cassation Decision Number 407-K/MIL/2023 Muchlis Harianto
Annals of Justice and Humanity Vol. 4 No. 1 (2024): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i1.2878

Abstract

Purpose: Corruption is a serious problem in various countries, including Indonesia. Determination of the status of evidence in corruption cases has great significance for all parties involved. The corruption case of TWP AD at the cassation level stipulates that certain evidence is confiscated for the state. While at the first level and appeal level decisions, the evidence is confiscated for the state C.q. TWP AD. Research Methodology: This study uses a normative legal research type, namely legal research conducted by examining library materials or secondary data through library research. Results: Changes in the determination of the status of evidence at the cassation level are based on Article 18 paragraph (1) letter a in conjunction with Article 38 B paragraph (2) of the Corruption Eradication Law without considering the provisions of Article 19 paragraph (1) and the real impact on the recovery of losses experienced by the Indonesian Army. The evidence should be returned to the rightful party, in this case the Indonesian Army through TWP AD considering that the source of funds for TWP AD comes from deductions from the salaries of Soldiers and Civil Servants in the Indonesian Army environment every month. In addition, additional criminal penalties in the form of replacement money should also be deposited to the state C.q. TWP AD, because both the evidence and the replacement money are the result of corruption. Minister of Finance Regulation No. 145 / PMK.06 / 2021 regulates that the parties authorized to submit proposals for the management of confiscated state goods to the Minister of Finance are the Prosecutor's Office, the Corruption Eradication Committee, and the Auditorate. Bureaucratic procedures and processes are obstacles to the effective implementation of the Minister of Finance Regulation.
The urgency of the existence of a storage house for state confiscated items in the military court environment Muhammad Tri Hakbari
Annals of Justice and Humanity Vol. 4 No. 1 (2024): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i1.2879

Abstract

Purpose: The Storage House for Confiscated State Goods (Rupbasan) within the Military Court environment is regulated in Article 93 paragraph (1) of Law Number 31 of 1997 concerning Military Courts, which furthermore delegates the TNI Commander to issue a Decree of the TNI Commander regulating Rupbasan within the Military Court environment, but in reality 27 years have passed since this law came into effect until now the Rupbasan within the Military Court environment has not been felt to exist because there has been no Decree of the TNI Commander regulating Rupbasan. This is urgent because Rupbasan is a place designated by law for the storage of confiscated state goods and state looted goods with the aim that these goods are stored properly during the ongoing legal process and can be used as evidence or returned to their owners after the completion of the legal process based on a court decision. Research Methodology: This research is a normative legal research using comparative law at the Ministry of Law and Human Rights (Kemenkumham) and the Corruption Eradication Commission (KPK). Conclusions: The conclusion of this study is that there is no specific regulation governing the Rupbasan in the Military Court environment. The absence of this regulation creates a legal vacuum that has an impact on the management of evidence in the Military Court environment which is still carried out by the ranks of the Oditurat. Compared to the Rupbasan under the Ministry of Law and Human Rights and the Corruption Eradication Commission, the Military Court appears to be lagging behind in terms of the regulation and implementation of the Rupbasan. The management of confiscated objects in the Ministry of Law and Human Rights and the Corruption Eradication Commission has been regulated in detail through various regulations and standard operating procedures, while the Military Court still faces legal uncertainty in the management of confiscated objects. The creation of legal products in the TNI environment must be guided by the TNI Commander Regulation Number 43 of 2015 concerning the Formation of Legal Products in the Indonesian National Army Environment as amended by the TNI Commander Regulation Number 48 of 2018 concerning Amendments to the Regulation of the Indonesian National Army Commander Number 43 of 2015 concerning the Formation of Legal Products in the National Army Environment.
Juridical Analysis of the Acquittal (Vrijspraak) Verdict for a TNI Soldier Committing the Crime of Adultery in the Military Judicial System (Case Study of Military Court Decision No. 10-K/PM II-08/AL/I/2023) Oktavianus Deni
Annals of Justice and Humanity Vol. 4 No. 1 (2024): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i1.2880

Abstract

Purpose: This study aims to examine the legal application in adultery cases involving TNI soldiers and analyze the indictment elements in Military Court Decision No. 10-K/PM II-08/AL/I/2023. Research Methodology: The research used is normative legal research or also called doctrinal legal research, namely research whose data sources are only secondary data. Results: The crime of adultery in the case of decision Number 10-K / PM II-08 / AL / I / 2023, that the processing of the case carried out by the military auditor on the case which was legally and convincingly proven was obtained through the examination report, the military auditor's demands regarding the proof of the elements of the indictment were declared unacceptable, because the military auditor in compiling the indictment used Article 281 point 1 of the Criminal Code alone, the indictment should have been compiled alternatively using Article 248 or 281 point 1 of the Criminal Code. So that in the application of the processing of the case there is an imbalance or inequality within the scope of the military auditor himself, with the author then making a legal comparison of the decisions that have permanent legal force that occurred in the military court environment.
Juridical analysis of notaries' role in drafting and ratifying deeds of amendment to limited liability companies' articles of association for shareholders' legal certainty Dahliana Munthe; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3412

Abstract

Purpose: This study aims to analyze the legal framework regulating the role of notaries in drafting and ratifying deeds of amendment to the Articles of Association of a Limited Liability Company (PT), to examine the implementation of this role from the perspective of legal certainty for shareholders, and to identify obstacles along with their legal solutions. Methodology: This study applies normative and empirical juridical methods through a statute and socio-legal approach. Data were gathered from literature and field research, including interviews with notaries and stakeholders, and qualitatively analyzed using theories of positive law, legal system, and legal certainty. Results: The findings indicate that the notary’s role in amendments to articles of association is legally regulated under UUJN, UUPT, and related implementing regulations. However, practical challenges remain, such as nonconformity of deeds with regulations, technical barriers in the SABH system, and insufficient transparency and participation of shareholders. Conclusion: Although the regulatory framework governing notarial authority is comprehensive, its implementation still encounters juridical, administrative, and substantive obstacles. This undermines the assurance of legal certainty for shareholders and highlights the need for reform in practice. Limitation: The study is limited by its reliance on qualitative interviews with selected notaries and stakeholders in specific regions, which may not fully represent diverse practices nationwide. Contribution: This research contributes to the development of corporate law by providing insights into harmonizing regulations, strengthening notarial capacity through training and legal technology, and promoting shareholder legal literacy to enhance legal certainty and minimize disputes.
Juridical analysis of legal certainty regarding the role of the Batam Business Entity and the Land Office in the land certificate transfer system in Batam City Lilis Suriyani; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3416

Abstract

Purpose: This study aims to analyze the regulations, implementation, obstacles, and solutions related to legal certainty in the transfer of land certificate ownership in Batam City, where dual authority exists between the Batam Business Agency (BP Batam) and the Land Office. The research seeks to provide a comprehensive understanding of how institutional overlaps affect legal certainty for the public and business actors in a nationally strategic economic area. Methods: The study uses normative and empirical juridical approaches through statutory and sociological methods, collecting data from regulatory documents and interviews with BP Batam officials, land staff, and legal practitioners, analyzed under positive law, legal system, and legal certainty theories. Results: The findings reveal regulatory disharmony and institutional overlap between BP Batam and the Land Office that hinder legal certainty. Unintegrated administrative procedures, differences in information systems, and limited public awareness create delays and confusion in the transfer process. Conclusion: Legal certainty in Batam’s land administration requires regulatory harmonization, integrated service mechanisms, and the digital integration of land administration systems. Strengthening public legal awareness is also essential for ensuring equitable and effective land services. Limitation: This study is limited to Batam City as a case study and may not fully represent broader land administration issues in other regions of Indonesia. Contribution: The research contributes to academic discourse and policy recommendations on resolving institutional dualism in land administration. It provides insights into harmonizing regulations and integrating digital systems to ensure legal certainty and improve public trust in land services.
Juridical analysis of legal certainty and protection of the parties in the cooperation agreement for the establishment of a health clinic at PT. Melaka Medives Cakra, Batam City Dedy Cakra Wijaya; H.M. Soerya Respationo; Erniyanti Erniyanti
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3417

Abstract

Purpose: This study aims to analyze the legal arrangements, implementation, as well as obstacles and solutions in cooperation agreements for the establishment of health clinics at PT Melaka Medives Cakra in Batam City. The focus lies on aspects of legal certainty and the protection of parties involved. The research uses a combination of normative juridical and empirical juridical approaches. Method: Data were collected through the study of laws and regulations, legal literature, and primary sources, including interviews with stakeholders and field observations. The analysis is based on positive law theory, Lawrence M. Friedman’s legal system theory, and Sudikno Mertokusumo’s legal certainty theory. Result: Although the cooperation agreement was legally valid as an authentic deed, issues such as vague clauses, differing interpretations, and administrative barriers arose. Through addenda, legal support, and stronger dispute resolution clauses, the parties maintained stability and ensured fair legal protection. Conclusion: The study concludes that clarity in contract drafting, early involvement of legal assistance, and simplified licensing procedures are crucial for ensuring legal certainty and sustainable cooperation in the health care sector. Limitation: This research is limited to a single case study in Batam City, thus its findings may not fully represent similar cooperation agreements in other regions or health sectors. Contribution: The study contributes by providing practical insights into strengthening legal certainty in health sector cooperation agreements. It offers recommendations for policymakers, practitioners, and stakeholders to foster a legal ecosystem that supports sustainable collaboration and equitable protection of rights.
Juridical analysis of abandoned shares in the process of changing the status of a public company to a private company Herry Wahyu Andradjadi; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3420

Abstract

Purpose: This study aims to analyze the legal framework, practical implementation, challenges, and possible solutions related to stranded shares in the process of converting a public limited liability company (PT) into a private PT (go private). Methodology: A normative juridical approach was applied by examining relevant legal instruments, including the Company Law, Capital Market Law, and OJK regulations. An empirical juridical approach was also employed through interviews with notaries, OJK officials, capital market practitioners, and case studies of issuers facing obstacles due to stranded shares. Results: The findings indicate that the absence of specific regulations regarding the classification and settlement of stranded shares significantly hampers the achievement of the General Meeting of Shareholders (GMS) quorum and obstructs the effectiveness of tender offers. Consequently, this condition delays the going private process and causes harm to active shareholders. Conclusion: Legal uncertainty resulting from unregulated stranded shares undermines corporate restructuring in the capital market. A comprehensive regulatory revision and enforcement mechanism are needed to address the issue effectively. Limitation: This research focuses on stranded shares in Indonesia’s capital market and does not provide comparative perspectives from other jurisdictions, which may offer alternative mechanisms. Contribution: This study enriches academic discourse and provides policy recommendations by highlighting the need for regulatory reform, the establishment of judicial remedies to exclude inactive shares, and investor education. It contributes to strengthening legal certainty and stakeholder protection in corporate governance.
Juridical analysis of legal protection for creditors on the validity of the Power of Attorney to Encumber Mortgage (SKMHT) executed before a notary from the perspective of security law Metta Tjia; Markus Gunawan; Irpan Husein Lubis
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3421

Abstract

Purpose: This study analyzes the legal protection of creditors regarding the validity of the Power of Attorney to Encumber Mortgage Rights (Surat Kuasa Membebankan Hak Tanggungan/SKMHT) made before a Notary. It specifically examines differences in SKMHT formats between Notaries and Land Deed Officials (PPAT) and their implications for creditor protection and integration with land registration systems. Methodology: A descriptive juridical-sociological approach was employed, combining normative legal analysis with empirical research. Data collection involved statutory and literature reviews as well as field research, including interviews with notaries, PPATs, and land office officials. Results: The study reveals that creditor protection in Indonesia remains fragmented under several legal instruments such as the Civil Code, Mortgage Law, Banking Law, and Notary Law. Land offices generally require SKMHTs to comply with formats issued by the Head of the National Land Agency for integration with the electronic mortgage system (HT-el), creating challenges for SKMHTs drafted by Notaries. Conclusion: The research concludes that harmonization between the Notary Law and agrarian laws is essential to ensure uniform recognition of SKMHTs across institutions, thereby strengthening legal certainty for creditors and improving the effectiveness of the electronic mortgage registration system. Limitation: The study is limited to SKMHT implementation in Indonesia and does not include a comparative assessment with other jurisdictions. Contribution: This research contributes by identifying regulatory gaps and offering harmonization measures to reinforce creditor protection, improve procedural uniformity, and support the effective operation of the electronic mortgage registration framework.