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MOH. LU'AY KHOIRONI
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ADHAPER
Published by Asosiasi Dosen Hukum Acara Perdata
ISSN : 24429090     EISSN : 25799509     DOI : https://doi.org/10.36913/adhaper
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ADHAPER: Jurnal Hukum Acara Perdata focuses on publishing scientific articles based on research, conceptual studies, and critical analyses in the field of law, particularly Civil Procedure Law and Dispute Resolution. This journal aims to support the development of legal science and contribute to solving current legal issues in society, both in local, national, and international contexts, including: 1. Civil Procedure Law 2. Civil Procedure Law Development 3. Normative and Empirical Studies of Civil Procedure Law 4. Principles of Civil Procedure Law 5. Alternative Dispute Resolution 6. Court Decision (Civil Disputes) 7. Comparative Civil Procedure Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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LEGAL ANALYSIS OF THE ENFORCEMENT OF DEFAULT JUDGMENTS IN THE RESOLUTION OF DEBT DISPUTES: ANALISIS HUKUM PELAKSANAAN PUTUSAN VERSTEK DALAM PENYELESAIAN SENGKETA HUTANG PIUTANG Heristiawan Aryo Wirotomo; Agus Pramono
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.7

Abstract

This study examines the implementation of default judgments (verstek) in the settlement of debt disputes through a normative legal approach. A default judgment, rendered when the defendant fails to appear without a valid reason, is intended to ensure legal certainty and efficiency in resolving civil cases. However, in practice, it often raises issues of substantive justice, particularly concerning the validity of the defendant’s summons, the adequacy of evidence, and the protection of the defendant’s right to file an objection (verzet). By analyzing the provisions of the Herzien Indonesisch Reglement (HIR), Reglement Buitengewesten (RBg), and developments in judicial practice, this study reveals tensions between the principles of legal certainty, justice, and a fast and low-cost trial. Normatively, default judgments provide certainty and efficiency, as they allow judges to resolve disputes despite the defendant’s absence. Nevertheless, from the perspective of justice, weaknesses in the summons mechanism, limited verification of evidence, and execution carried out without the defendant’s involvement may disadvantage the weaker party. This study also highlights the need for reform in the regulation of default judgments to make them more adaptive to modern legal developments, including digitalized summons, stricter evidentiary standards, and broader access to verzet mechanisms. The findings suggest that the implementation of default judgments in debt disputes requires reformulation to not only uphold legal certainty and efficiency but also to prioritize the protection of parties’ rights. Thus, default judgments can serve as instruments of dispute resolution that are both effective and just
SIMPLE PROOF REQUIREMENTS AS A FORM OF LEGAL PROTECTION FOR CREDITORS FOR LEGAL CERTAINTY: SYARAT PEMBUKTIAN SEDERHANA SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI KREDITOR UNTUK KEPASTIAN HUKUM Fajar Adiguna; Mardalena Hanifah
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.9

Abstract

This study examines legal certainty in the Indonesian bankruptcy system by analyzing the simple proof requirements and creditor protection mechanisms under Law Number 37 of 2004. The legal issues raised are: first, how simple proof requirements affect legal certainty for stakeholders; second, how creditor protection mechanisms balance competing interests in the bankruptcy process. This study uses a normative juridical method with a statute approach, a conceptual approach, and a case approach. The results show that simple proof requirements provide procedural certainty but open up loopholes for abuse that is detrimental to solvent debtors. Creditor protection mechanisms that distinguish between separate, preferential, and concurrent creditors create a hierarchy but often leave commercial creditors with minimal recovery. This study concludes that comprehensive reform is needed to create a bankruptcy system that provides true legal certainty with a balance between creditor rights and business rescue objectives.
LEGAL ANALYSIS OF PRO BONO LEGAL AID IN FULFILLING THE RIGHTS OF MARGINALIZED GROUPS IN CIVIL LITIGATION: ANALISIS HUKUM TENTANG BANTUAN HUKUM PRO BONO DALAM MEWUJUDKAN HAK-HAK KELOMPOK MARGINAL DALAM PERKARA PERDATA Nandhyra Syafa Nur Aisyah
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.17

Abstract

Access to justice for marginalized groups remains a major challenge in civil litigation in Indonesia. High litigation costs, limited legal literacy, uneven distribution of legal aid services, and weak enforcement of advocates’ pro bono obligations often prevent vulnerable individuals from securing adequate legal representation. These barriers undermine equality before the law and weaken the practical realization of fair trial guarantees. Pro bono legal aid is therefore crucial to ensure marginalized groups can participate meaningfully in civil proceedings, obtain formal and substantive justice, and reduce structural inequities. This study also connects pro bono practice to the Sustainable Development Goals, particularly SDG 16 (Peace, Justice, and Strong Institutions) and SDG 10 (Reduced Inequalities). Using a normative juridical approach with statute and comparative methods, this research examines Indonesian laws and regulations on pro bono legal aid and civil litigation. It also draws lessons from selected jurisdictions (United States, United Kingdom, Australia, China, Germany, and Canada) to identify institutional designs, accountability mechanisms, and best practices that can strengthen the implementation of pro bono services in Indonesia. Findings show that while pro bono legal aid is legally recognized and mandated as a professional duty, its implementation remains inconsistent. Challenges include weak monitoring, narrow eligibility focused mainly on economic poverty, low public awareness, and uneven access across regions. Strengthening these aspects is essential to make pro bono a systemic component of civil justice, ensuring inclusive access to justice, reducing inequalities, and advancing both national and international commitments to fairness and human rights.
LEGAL VOID IN THE CUSTOMS LAW REGARDING LAWSUITS: A COMPARATIVE ANALYSIS WITH THE TAX LAW: KEKOSONGAN HUKUM UPAYA GUGATAN DALAM UNDANG-UNDANG KEPABEANAN: ANALISIS PERBANDINGAN DENGAN UNDANG-UNDANG PERPAJAKAN Doni Budiono
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.30

Abstract

Law No. 10 of 1995 on Customs, as amended by Law No. 17 of 2006, does not recognize a lawsuit remedy as a legal avenue. Instead, it provides objection, correction of assessment, reduction or cancellation of administrative sanctions, judicial review, and appeal to the Tax Court. This differs from Law No. 6 of 1983 on General Provisions and Tax Procedures, last amended by Law No. 6 of 2023 on Job Creation, which expressly provides a lawsuit remedy in addition to appeal. This regulatory difference creates a legal vacuum in the customs dispute settlement system, because many administrative decisions issued by customs authorities are more appropriately challenged through a lawsuit than through an appeal. In practice, customs disputes frequently end with inadmissibility rulings when the disputed decision is considered not to qualify as an object of lawsuit. Furthermore, the customs appeal requirement that obliges full payment of import duty, export duty, and import related taxes before an application is filed imposes an additional burden on justice seekers, especially when the dispute concerns procedural issues only. This condition produces uncertainty in legal protection for importers, exporters, and customs service users who face administrative decisions beyond tariff classification and customs valuation. This study analyzes the legal vacuum concerning lawsuit remedies in the customs system by comparing it with the tax law framework. It uses normative legal research with statutory, conceptual, and comparative approaches. The findings are expected to contribute to the development of customs law and to encourage reform of the Customs Law to achieve harmonization with tax law and to ensure adequate legal protection for affected parties.
THE FREIE RECHTSBEWEGUNG MOVEMENT’S VIEW ON COURT RULINGS REGARDING INTERFAITH MARRIAGES: PANDANGAN ALIRAN FREIE RECHTSBEWEGUNG TERHADAP PENETAPAN PENGADILAN ATAS PERKAWINAN BEDA AGAMA Djumikasih
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.79

Abstract

Interfaith marriage is a topic that has been endlessly discussed for a long time. Even now, this legal issue is always interesting to debate, because in Indonesian society there are often pros and cons. Not only among the public, court decisions regarding requests for interfaith marriages also differ, some grant them and some reject them. To answer this problem, the author discusses the validity of interfaith marriages according to the religions recognized in Indonesia, because the validity of marriages in Indonesia is based on the laws of each religion and belief. From the results and discussion, it can be concluded that all religions in Indonesia, whether Islam, Christianity, Catholicism, Hinduism, Buddhism or Confucianism, regulate marriage should be carried out by couples of the same religion, because marriage is an expression of religion itself. Therefore, basically all religions in Indonesia prohibit interfaith marriages, only some prohibit it explicitly but there are also those that prohibit it implicitly. Therefore, interfaith marriages in Indonesia are invalid.

Page 4 of 4 | Total Record : 35

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