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Jurisprudentie
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 23559640     EISSN : 25805738     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURISPRUDENTIE : JURUSAN ILMU HUKUM FAKULTAS SYARIAH DAN HUKUM IS TO PROVIDE A VENUE FOR ACADEMICIANS, RESEARCHERS, AND PRACTITIONERS FOR PUBLISHING THE ORIGINAL RESEARCH ARTICLES OR REVIEW ARTICLES. THE SCOPE OF THE ARTICLES PUBLISHED IN THIS JOURNAL DEALS WITH A BROAD RANGE OF TOPICS IN THE FIELDS OF CRIMINAL LAW, CIVIL LAW, INTERNATIONAL LAW, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, ISLAMIC LAW, ECONOMIC LAW, MEDICAL LAW, ADAT LAW, ENVIRONMENTAL LAW AND ANOTHER SECTION RELATED CONTEMPORARY ISSUES IN LAW.
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Articles 20 Documents
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Search results for , issue "Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025" : 20 Documents clear
The Influence of Malaqbiq Cultural Values on Narcotics Abuse Prevention in Majene Regency Anwar, M. Chaerul; Yasim, Sulastri
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.60476

Abstract

This study aims to analyze the role of Malaqbiq cultural values in the prevention of narcotics abuse in Majene Regency through a socio-cultural approach. Malaqbiq, which emphasizes personal honor, shame toward immoral behavior (siri’), and collective responsibility, functions as a form of informal social control that can shape moral awareness and preventive behavior, particularly among the younger generation. This research employs an empirical legal method with a qualitative approach, using observation, interviews, and document analysis. The findings show that the internalization of Malaqbiq values within families, customary communities, and education holds great potential in strengthening social resilience against drug abuse. However, these values are increasingly eroded by globalization, digital media, and the weakening of traditional socialization agents. Meanwhile, Law Number 35 of 2009 concerning Narcotics provides a comprehensive legal framework but requires reinforcement through local wisdom-based strategies to ensure more effective prevention. Integrating Malaqbiq values into educational programs, public outreach, and regional policies is recommended as a contextual and sustainable approach in combating narcotics abuse in Majene. This study underscores the importance of balancing formal legal mechanisms with culturally grounded preventive models to address the complex challenges of drug-related crime in contemporary Indonesian society.
Perlindungan Hukum bagi Anak yang Berulang Kali Melanggar Hukum di Kabupaten Majalengka Berkaitan dengan Pasal 69 Undang-Undang tentang Sistem Peradilan Pidana Anak: A Case Study of Majalengka Soni Subekti; Wiwin Widiya Ningsih
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62170

Abstract

This study aims to examine the effectiveness of legal protection for repeat offenders in Majalengka Regency in relation to Article 69 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). However, findings in the field show that law enforcement officials in Majalengka still apply a repressive approach to repeat offenders, including imposing prison sentences under the pretext of deterrence and social pressure. This study uses a normative-empirical juridical approach by analyzing legal norms, institutional behavior, and law enforcement practices by the police, prosecutors, courts, and correctional institutions. Data was obtained through interviews, field observations, and studies of regulations and court decisions. The results of the study show a gap between the normative idealism of the SPPA and legal practices in the field, where the principle of restorative justice has not been consistently implemented. Law enforcement is still oriented towards retribution, not recovery, thus failing to nurture and reintegrate children into society. This study recommends the establishment of a Regional Regulation (Perda) on the protection of children who are repeat offenders, strengthening the role of correctional centers and social rehabilitation institutions, and training law enforcement officials on the principles of restorative justice. Theoretically, this study emphasizes the importance of a humanistic, educational, and restorative approach in the legal protection of children, in accordance with national and international standards on children's rights
Legal and Ethical Implications of Unilateral Cancellation of Naming Rights: A Case Study of PT KAI and BT Batik Trusmi Cirebon Siti Sopyah; Rani Dewi Kurniawati
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62187

Abstract

This study aims to analyze the legal and ethical implications of the unilateral cancellation of naming rights by PT Kereta Api Indonesia (Persero) against BT Batik Trusmi Cirebon, as well as to examine its implications for partnership practices between state-owned enterprises (SOEs) and the private sector in Indonesia. This study uses a legal-empirical approach, combined with a business ethics approach to assess the moral dimensions and social responsibility of corporate decisions. The results of the study show that unilateral cancellation violates the principle of pacta sunt servanda as stipulated in Article 1338 of the Civil Code and has the potential to cause a breach of contract in accordance with Article 1243 of the Civil Code because it was not done based on mutual agreement and without a valid settlement mechanism. This action also violates the principle of good faith, which requires the parties to act honestly and fairly in executing the agreement. From a business ethics perspective, this unilateral cancellation reflects the moral failure of corporations in applying the principles of Good Corporate Governance (GCG) and Corporate Social Responsibility (CSR), which is characterized by a lack of transparency, accountability, and social responsibility in the decision-making process. This situation has caused a crisis of trust between state-owned enterprises and private partners and has damaged the moral legitimacy of state-owned enterprises as public entities.
The Law Enforcement Against The Abuse Of Dominant Position By The E-Commerce Platform Shopee Rochela Amalia Narindra; Heru Sugiyono
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62281

Abstract

This study examines the enforcement of competition law against the alleged abuse of dominant position by Shopee in the delivery service sector, as reflected in Case Number 04/KPPU-I/2024. Shopee is suspected of prioritizing its affiliated service, Shopee Express, leading to discriminatory practices that disadvantage independent delivery service providers. Using a normative juridical method with a statutory and case approach, the study finds that such practices potentially violate Article 19(d) and Article 25(1) of Law Number 5 of 1999. Legal protection for independent businesses can be provided preventively through regulations prohibiting discriminatory practices and repressively through law enforcement mechanisms by KPPU or civil lawsuits. The findings highlight the importance of strengthening regulations, consistent law enforcement, and legal education to ensure fair competition and safeguard consumer interests
Analisis Wanprestasi dalam Penggunaan TikTok PayLater menurut perspektif UUPK 1999 dan Hukum Perdata Putri Ayudhiya, Rubila; Syuhada, Otong; Pribadi, Riky
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62375

Abstract

Technological developments are increasing, one of which is marked by the existence of e-commerce and fintech to facilitate transactions for the public. In this modern era, people are more interested in online transactions such as buying and selling. TikTok Shop is one of the applications widely used by Indonesians. One of the payment methods on TikTok Shop is TikTok PayLater. This study uses an empirical juridical research method, which examines the applicable legal provisions and what actually happens in society. This study uses a qualitative approach based on a review of the PayLater contract, interest structure, administration fees, and late payment penalties. The data collection technique in this study was obtained through interviews with seven informants who are active users of TikTok PayLater. The results of the study show that the TikTok PayLater agreement is legally valid because it complies with Article 1320 of the Civil Code and is recognised by the ITE Law. The TikTok PayLater agreement includes a standard agreement, the content of which is still limited by the provisions of Article 18 of Law 1999. However, in practice, it still has the potential to cause disputes due to default as regulated in Article 1243 of the Civil Code. However, such collection practices violate Article 4 of the 1999 Consumer Protection Law as they infringe upon consumers' rights to comfort and security. Therefore, the use of TikTok PayLater requires responsibility from both parties.
Abuse of Circumstances as a Ground for Contract Cancellation: A Juridical Review of Lease Agreement Case No. 171/Pdt.G/2022/PN.Plk Gunawan, Rizka Putri; Lia Amaliya
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62385

Abstract

The Indonesian Civil Code (KUH Perdata) does not explicitly regulate the doctrine of misuse of circumstances (misbruik van omstandigheden). However, in legal practice, this concept increasingly serves as a basis to cancel agreements, especially when one party exploits the urgency, dependence, or weakness of another party often resulting in injustice. This doctrinal development is particularly relevant in cases involving lease agreements, where contractual imbalances are common. This research uses normative legal analysis and case study approaches, focusing on Decision No. 171/Pdt.G/2022/PN.Plk. Through document review and legal reasoning, it is shown how the judges considered the existence of an unfair advantage the lease agreement contained terms that significantly disadvantaged the tenant. The court found clear evidence of imbalance arising from the stronger bargaining position of the landlord relative to the tenant's vulnerable situation. Based on this, the judges accepted the misuse of circumstances as a valid reason to cancel the agreement and restore justice for the disadvantaged party. The findings highlight the crucial responsibility of judges to actively uphold justice and protect vulnerable parties in contractual relations, especially lease agreements. Moreover, the research suggests an urgent need for clearer and stricter regulation of the doctrine of abuse of circumstances in Indonesian contract law. Ensuring more robust legal provisions would enhance legal certainty and guarantee fairness for all parties involved in contractual agreements.
Protection Model For Minors As Witnesses And Victims Of Sexual Violence: A Local Wisdom Approach From The Buton Archipelago Community Mansyah, Muh Sutri; La Ode Fajrul Islam Sabti; Yetty Purnamasari; Subhan Alfajar
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.61322

Abstract

Sexual violence is a serious crime requiring multidimensional handling, making this research highly urgent due to the absence of prior studies specifically analyzing a local wisdom-based child protection model in the region. The findings reveal differences and similarities in the child protection models across the three districts. In Central Buton, perpetrators face customary and social sanctions, including partial body burial or a pocong oath (swearing while wrapped in a shroud) if they refuse to admit their actions. In South Buton, offenders are required to pay boka (customary fines). Meanwhile, in Buton District, perpetrators are exiled from the village, subjected to customary fines, and undergo the Kaleoleo ritual submerging their head in the sea; if dishonest, they cannot endure long underwater. All three customary institutions share similarities in their decision-making process for imposing sanctions through council deliberations involving the Mosque Imam, Sara, Parabela, Village Head, and Neighborhood Chief. It is recommended to revise regulations both at the legislative and regional levels to ensure effective implementation.
Restorative Approach Resolution Mecanism For Victims of Crimes Committed by Children Yedi Kusnadi; Syahird, Ahmad; Fatihani Baso
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.61484

Abstract

This thesis research aims to analyze the compensation mechanism in the SPPA Law through a restorative justice approach in the Juvenile Criminal Justice System, as well as to analyze the application of compensation in restorative justice in the Juvenile Criminal Justice System. This research is normative empirical research in conducting research, the author conducts field research by choosing the research location of Pinrang Police, Pinrang District Attorney. The results showed that 1) Restorative justice or justice or deliberation-based justice is a process of Diversion, where all parties involved in a criminal offense must jointly overcome problems and create an obligation to make things better by involving victims, children, and the community in finding a solution to repair, reconciliation, and reassurance that is not based on retaliation. The criminal justice process carried out by law enforcement officials if the child offender is proven guilty, ideally and should be sentenced to return to parents. Efforts to implement the law's order that imprisonment of children is the last resort (ultimum remedium) should also be in line with the understanding that the best decision is the action to return the child offender to his parents to be educated and fostered properly. 2) The application of restitution through restorative justice in the Juvenile Justice System is determined by the agreement of the parties to achieve peace. After compensation is paid, the criminal case committed by the child is truly declared over, as evidenced by a certificate signed by the parties. In the process of deliberation or mediation on behalf of witnesses or relatives, but in its implementation there are often obstacles due to law enforcement factors and community factors. For this reason, it is necessary to have specific legal arrangements in the legislation regarding the amount of compensation that is the obligation of children as perpetrators of criminal acts against victims by adjusting the hierarchy of punishment imposed in order to ensure legal certainty.
Relasi Abusif Non-Perkawinan Perspektif Hukum Pidana Larissa, Dea; Yoga Saputra; Hasnan Hasbi
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62470

Abstract

Abusive relationships represent a form of interpersonal association characterized by recurrent acts of physical, psychological, sexual, or economic coercion exercised by one partner over another. From the standpoint of criminal jurisprudence, such conduct not only infringes upon the victim’s inherent dignity and autonomy but also constitutes a culpable act punishable under the prevailing criminal law framework. This article seeks to undertake a doctrinal examination of the criminal law dimensions governing abusive relationships by analyzing the constituent elements of the offense, the interpretive application of relevant provisions of the Indonesian Criminal Code, and the practical constraints encountered in their enforcement. Employing a normative juridical method, the research engages in a critical appraisal of statutory instruments and judicial precedents pertinent to acts of intimate partner violence. The findings demonstrate that, notwithstanding the promulgation of legal frameworks such as the Domestic Violence Elimination Act (PKDRT Act), significant impediments persist, particularly in evidentiary substantiation, societal stigmatization, and the limited juridical competence of law enforcement officials. Accordingly, the study argues for the consolidation of victim-centered legal protections and the refinement of prosecutorial and judicial practices, thereby fostering a more coherent and human-rights–oriented approach to the criminalization and adjudication of abuse within non-marital relationships.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI LAHAN NON-FUNGIBLE TOKEN (NFT) BERDASARKAN UNDANG-UNDANG NO. 4 TAHUN 2023 Sinambela, Krisman Josua; Janpatar Simamora; Ria Juliana Siregar
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62495

Abstract

The development of digital technology has enabled the emergence of Non-Fungible Tokens (NFTs) as digitally authenticated assets recorded on blockchain networks, including their use in representing ownership of digital land within metaverse ecosystems. However, Indonesia has not yet formulated explicit regulatory provisions governing the legal classification of NFTs, the scope of supervisory authority, or the standards for consumer protection. This regulatory absence results in legal ambiguity regarding the placement of NFTs within the framework of Financial Sector Technology Innovation (ITSK) under Law No. 4 of 2023, and simultaneously presents risks to consumers, including fraud, data misuse, loss of access to digital assets, and a lack of clear accountability mechanisms on NFT platforms. This research examines the legal status of NFTs in relation to ITSK and analyzes the adequacy of current consumer protection measures in NFT-based digital land transactions. Through a normative juridical method, the study finds that NFTs have not been formally classified within ITSK, nor assigned to a definitive supervisory authority, whether OJK or Bappebti. As such, consumer protection remains reliant on general norms under Law No. 8 of 1999, which are insufficient to address the specific risks inherent in NFT transactions. This research recommends the issuance of derivative regulations by OJK and/or Bappebti to clarify NFT classification, establish platform obligations, and strengthen consumer protection.

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