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INDONESIA
RETORIKA: Journal of Law, Social, and Humanities
Published by Universitas Nahdlatul Ulama Nusa Tenggara Barat
ISSN : -     EISSN : 29637597     DOI : https://doi.org/10.69503/retorika
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Retorika : Journal of Law, Social, and Humanities adalah sebuah jurnal publikasi ilmiah yang di dalamnya mencakup permasalahan ilmu hukum, ilmu sosial, dan ilmu humaniora sebagai upaya untuk membuat sebuah wadah yang terintegrasi dengan ilmu pengetahuan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Kedudukan Pemegang Saham dalam RUPS: Antara Prinsip Demokrasi Korporasi dan Dominasi Pemegang Saham Mayoritas Muhammad Ikhsan Kamil; Burhanudin
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the legal status of shareholders in the General Meeting of Shareholders (GMS) and assess the limitations of the application of corporate democracy principles in a limited liability company structure, particularly when majority shareholder dominance occurs. This study uses a normative legal research method with a statutory and conceptual approach. The legal materials for this study are obtained from primary, secondary, and tertiary legal materials. All legal materials are analyzed through logical, systematic, and deductive legal reasoning by applying grammatical, systematic, teleological, and historical interpretations. The analysis is also constructed using the theory of company organs and the theory of corporate democracy by emphasizing the principles of legal certainty, justice, balance, minority protection, and good faith. The results of the study indicate that the authority of shareholders in the GMS is an attributive authority limited by the division of functions between company organs. The majority principle is intended to ensure effectiveness and prevent deadlock in decision-making, but has the potential to cause distortion of corporate democracy if used formally and ignores the protection of minority shareholders and the fundamental principles of corporate law.
Perlindungan Hak Masyarakat Adat terhadap Tanah Ulayat Berdasarkan UU Pokok Agraria Lalu M. Hasan
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to: (1) analyze the legal provisions for indigenous peoples and customary land in the Basic Agrarian Law (Law No. 5 of 1960); (2) assess the effectiveness of legal protection provided for the rights of indigenous peoples; and (3) analyze the legal mechanisms that ensure customary land remains under the control of indigenous peoples fairly and in accordance with the principles of justice. This study is a normative legal study with a legislative approach, a conceptual approach, a historical approach, and a philosophical approach. The legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The analysis is carried out through grammatical, systematic, and teleological interpretations, as well as the application of legal theory by adhering to legal principles. The results of the study indicate that 1) formal recognition of customary rights through the Basic Agrarian Law and electronic documents in the ITE Law provide a valid legal basis, 2) administrative procedures and integration with customary law guarantee legal certainty and protection of rights, and 3) consistent and transparent legal mechanisms ensure that indigenous peoples' rights to customary land are maintained fairly and equitably
Prinsip Hukum Ekonomi Syariah Dalam Tata Kelola Fintech Syariah Berbasis Teknologi Digital di Indonesia BAIQ WIDIANTARI
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the regulation of Islamic fintech in Indonesia based on the principles of Islamic economic law, assess the consistency of regulations within the national legal system, and evaluate regulations based on the maqāṣid al-sharī‘ah to realize the benefit and legal certainty. This study uses a normative legal approach with an analysis of primary, secondary, and tertiary legal materials through grammatical, systematic, and teleological interpretations. The results show that first, the regulation of Islamic fintech has been framed in the Islamic Banking Law, OJK regulations, and DSN-MUI Fatwas, so that every Islamic fintech activity must comply with the principles of justice, benefit, legal certainty, and freedom of contract that are limited by sharia. Second, regulatory consistency requires the integration of legal norms, supervisory structures, and legal culture, so that regulatory fragmentation does not create uncertainty for business actors or service users. Third, from the perspective of maqāṣid al-sharī‘ah, this regulation guarantees the benefit, legal certainty, and protection of the rights of all parties. The success of Sharia fintech regulation is measured by the integration of positive law, the principles of Sharia economic law, and maqāṣid al-sharī‘ah, thus creating an orderly, fair, and sustainable Sharia digital financial ecosystem.
Kekuatan Pembuktian Alat Bukti Elektronik Dalam Perkara Pidana di Indonesia Laely Wulandari
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to 1) analyze the evidentiary power of electronic evidence in criminal cases, and 2) examine its implications for legal certainty and the protection of the defendant's rights. The type of research used is normative legal research. The approaches used are the statutory approach and the conceptual approach. The legal material for this study was obtained from related primary, secondary, and tertiary legal materials. The analysis was conducted using grammatical, systematic, and teleological interpretations, as well as examining relevant legal theories and legal principles. The results of the study indicate that electronic evidence is legally recognized and has the same evidentiary power as conventional evidence, as long as it meets the requirements of authenticity, integrity, and applicable legal procedures. The correct application of electronic evidence not only strengthens the evidence in criminal cases but also increases legal certainty and protects the rights of the defendant. The findings of this study provide a normative contribution to criminal justice practices in the digital era by ensuring the effective, legitimate, and fair application of electronic evidence, while simultaneously strengthening legal certainty and protecting the rights of the defendant.
Titik Singgung Hukum Administrasi Negara dan Pidana Dalam Pencegahan Tindak Pidana Korupsi Laely Wulandari; Titi Tantri
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the role of State Administrative Law in preventing corruption, examine Criminal Law in prosecuting corruption crimes, and identify normative points of intersection between State Administrative Law and Criminal Law for integrated corruption eradication. This study is a normative legal research with a statutory and conceptual approach. Legal materials include primary, secondary, and tertiary legal materials, analyzed through grammatical, systematic, and teleological interpretations, as well as legal theory and legal principles, including the principles of legality, legal certainty, accountability, transparency, and the principles of good governance. This study aims to analyze the role of State Administrative Law in preventing corruption, examine Criminal Law in prosecuting corruption crimes, and identify normative points of intersection between State Administrative Law and Criminal Law for integrated corruption eradication. This study is a normative legal research with a statutory and conceptual approach. Legal materials include primary, secondary, and tertiary legal materials, analyzed through grammatical, systematic, and teleological interpretations, as well as legal theory and legal principles, including the principles of legality, legal certainty, accountability, transparency, and the principles of good governance.
Politik Hukum Siber dalam Mewujudkan Keamanan Ruang Digital Nasional Laely Wulandari
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to: (1) analyze the direction and construction of cyber legal policy in Indonesia in realizing national digital space security, and (2) assess existing cyber legal policies in providing legal protection against developing cyber threats. This research is a normative legal research with a statutory, conceptual, and analytical approach. The legal material for this research is obtained from primary, secondary, and tertiary legal materials. The analysis is conducted using legal theories, legal principles, and legal interpretations in the form of grammatical, systematic, and teleological interpretations. All legal materials are processed using legal reasoning that is coherent and systematic, and conclusions are drawn deductively. The results of the study indicate that the direction of cyber legal policy emphasizes the role of the state in regulating, protecting, and securing the national digital space, with a focus on electronic system security, data protection, and legal certainty. Existing regulations have formed a normative legal protection framework, but strengthening harmonization between laws, uniformity of interpretation, and institutional coordination are still needed so that legal protection can function optimally in facing the dynamics of cyber threats.
Perkembangan Hukum Jaminan Fidusia di Indonesia Dan Dampaknya terhadap Keamanan Transaksi Bisnis Modern Risdiana
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to (1) analyze the development of fiduciary guarantee law within the framework of applicable regulations and legal principles, and (2) explain the legal certainty and protection of the parties' rights arising from the application of fiduciary guarantees in business transactions. The method used is normative legal research with a statutory and conceptual approach. The legal material is sourced from primary, secondary, and tertiary legal materials. The analysis is conducted using systematic legal reasoning using legal interpretation, legal theory, and legal principles. The results of the study indicate: first, the regulation of fiduciary guarantees has become increasingly structured through laws, government regulations, ministerial regulations, and their relationship with civil law, thus forming a system of encumbrances, registration, and execution that is more operational and responsive to the needs of modern business practices. Second, in terms of legal protection and certainty, the registration and execution mechanisms provide a firm basis for creditors' rights while simultaneously safeguarding the debtor's right to retain control and use the collateral object. Thus, fiduciary guarantees effectively guarantee legal certainty and balanced protection of the parties' rights and support the security of business transactions.
Asas Konsensualisme dalam Perjanjian Jual Beli Elektronik Perspektif Hukum Positif Indonesia M. Jihan Febriza
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to (1) analyze the construction of the principle of consensualism in electronic sales and purchase agreements based on Indonesian positive law; and (2) examine the implications of the application of the principle of consensualism on the legal certainty and binding force of electronic contracts. The study uses a normative legal method with statutory and conceptual approaches. he legal materials for this study were obtained from primary, secondary, and tertiary legal materials. All legal materials were analyzed through logical, systematic, and deductive legal reasoning, applying grammatical, systematic, teleological, and historical interpretations, which were constructed using legal theory and legal principles. The results of the study indicate that,  the first, the principle of consensualism remains the basis for the validity of electronic agreements, where agreements expressed through digital systems meet the requirements for a valid agreement, and electronic documents and signatures are legally recognized. Second, electronic contracts bind the parties, and their implementation must comply with the principles of legal certainty, good faith, justice, and consumer protection, thereby reinforcing the legitimacy, enforceability, and legal certainty of electronic transactions in Indonesia.
Kajian Hukum dan Etika Kesehatan terhadap Tanggung Jawab Tenaga Medis di Fasilitas Pelayanan Publik Rinna Dwi Lestari
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to: 1) analyze the regulation of medical personnel's responsibilities in public service facilities from a legal and health ethics perspective, and 2) assess the standards and limits of accountability in the provision of services to patients. This is a normative legal study using statutory, conceptual, and historical approaches. The legal materials analyzed include regulations regarding medical practice, health personnel, health services, consent for medical procedures, patient safety, and medical records, as well as academic literature, supporting documents, and related scientific studies. The analysis is conducted through legal interpretation, legal theory, and legal principles to assess the conformity of medical actions with legal provisions and professional ethics. The results of the study indicate, first, that the responsibility of medical personnel is determined by compliance with professional standards, operational procedures, and the fulfillment of patient rights, including consent for medical procedures. Second, this regulation creates a balance between patient protection and legal certainty for medical personnel in the provision of public health services, so that inherent medical risks do not automatically give rise to liability as long as actions are carried out in accordance with applicable legal and ethical norms.
Menjaga Ruh Pancasila: Peran Kritis Kegiatan Kemahasiswaan di Tengah Arus Globalisasi Intan Sri Ningrat
Retorika: Journal of Law, Social, and Humanities Vol. 2 No. 1 (2023): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to: (1) identify the challenges of globalization to the understanding of Pancasila, (2) examine the critical role of student activities in strengthening the resilience of its values, and (3) formulate optimization strategies. Using a qualitative approach of comparative case studies on extra-campus organizations PMII and IPNU-IPPNU at UNU NTB, data were collected through observation, interviews, and document analysis. The results of the study show: (1) The challenges of globalization emerge as individualism, value confusion, and disruption of digital authority; (2) The critical role is realized through two complementary models: PMII as a critical-transformative filter and IPNU-IPPNU as a critical-cultural anchor, which together form an ecosystem of ideological resilience; (3) The optimization strategy is formulated within the framework of the tridharma including a dialogic curriculum, productive digital literacy, and project-based collaboration. This study recommends the need for structured intervention, the active role of universities as facilitators, and the repositioning of student organizations as strategic partners to produce leaders with contextual Pancasila characters.

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