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INDONESIA
Jurnal Cendikia ISNU SU
Published by ISNU Sumatera Utara
ISSN : 30639530     EISSN : -     DOI : https://doi.org/10.70826/jcisnu.v3i1.1314
Core Subject : Humanities, Social,
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 : Umum - Umum
Articles 84 Documents
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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. 1 (2025): Mei : JCISNU
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. 1 (2025): Mei : JCISNU
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. 1 (2025): Mei : JCISNU
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. 1 (2025): Mei : JCISNU
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. 1 (2025): Mei : JCISNU
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. 1 (2025): Mei : JCISNU
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 Indra Utama Tanjung; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
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.
Legal Analysis of Taxpayer Voluntary Compliance from a Legal Ethics Perspective Billy Prasetyo; Dhenis Indrawan; Riyzka Alfi Syahraini; Putri Humairah; Khafifah Rizki
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.845

Abstract

This study aims to analyze the contribution of legal and ethical perspectives in building a fair and transparent tax system, particularly in encouraging voluntary taxpayer compliance in Indonesia. This study uses a normative juridical method with a statutory and conceptual approach, to examine how legal rules and moral principles play a role in ensuring the protection of taxpayers' rights during the audit and law enforcement process. The results of the study indicate that the Indonesian tax law system normatively regulates taxpayers' rights and obligations through regulations such as the KUP Law, the Income Tax Law, and the Value Added Tax Law. However, its effectiveness is greatly influenced by the ethics of those implementing it in the field. It was found that the integrity of the apparatus, procedural fairness, and transparency of tax services significantly determine the success of creating a culture of compliance that grows from awareness, not merely fear of sanctions. Therefore, the synergy between legal firmness and the application of ethical values is a key element in national tax system reform.
Legal Protection for Taxpayers in Income Tax Disputes in the Tax Court Siti Aisyah; Halwa Nisa Ali Br. Tarigan; Halimatusadiah; Erna Wati; Dimas Nugroho
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.846

Abstract

Tax disputes, particularly those related to Income Tax (PPh), are a frequent issue in the relationship between taxpayers and tax authorities in Indonesia. In many cases, taxpayers feel disadvantaged by tax authorities' decisions that do not reflect the actual situation, thus giving rise to the need for adequate legal protection, particularly in the Tax Court process. This study aims to analyze the forms of legal protection for taxpayers in PPh disputes and to identify obstacles and opportunities within the tax justice system. The research method used is normative juridical with a statutory approach and case studies, supplemented by an analysis of Tax Court decisions. The results indicate that legal protection for taxpayers is normatively available through objection, appeal, and lawsuit mechanisms. However, in practice, various obstacles remain, such as limited access to legal aid, the tax authority's dominance in the burden of evidence, and the unequal position between taxpayers and tax authorities. In addition, some court decisions still do not fully reflect substantive justice for taxpayers. Therefore, a reform of the tax dispute system is needed to be more inclusive, transparent, and ensure equality between the parties. This research is expected to contribute to the development of a fair tax legal protection system in Indonesia.
Legal Protection for Policyholders in Motor Vehicle Insurance Syifa Arinda; Devani Agustia; Ahmad Mufti Farid Nababan; Andhika Bayu Pranata; M Farhan Maulana Nst
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.847

Abstract

This study examines legal protection for policyholders in motor vehicle insurance using a literature review approach. Legal protection is a crucial aspect of the relationship between insurance companies and policyholders, particularly in guaranteeing the rights that policyholders should receive as stipulated in the insurance policy. This study highlights the role of law in protecting against potential injustice arising from claim rejections or discrepancies between promised services and actual performance. This study also explores the basic principles of insurance contracts, the obligations of insurance companies, and the rights of policyholders. Furthermore, it discusses the forms of dispute resolution available when disputes arise between policyholders and insurance companies, both through litigation and non-litigation mechanisms. The results of this literature review indicate that legal protection for policyholders is highly dependent on the clarity of the insurance contract, the understanding of the law by both parties, and the effectiveness of dispute resolution institutions in upholding justice. Therefore, it is necessary to improve legal education for policyholders and strengthen regulations in insurance practices to create a fair, transparent, and balanced relationship between insurance companies and policyholders.

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