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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.
Arjuna Subject : -
Articles 208 Documents
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Legal Analysis TikTok Shop Restrictions through Evaluation Minister Trade Regulation No. 31 2023 Asep Kiki Riady; Otong Syuhada; Herry Farhan Syafiq
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 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.v12i1.58969

Abstract

This study aims to analyze the legal aspects of restrictions on TikTok Shop in Indonesia through an evaluation of Minister of Trade Regulation No. 31 of 2023. The main focus of this study is to identify the clarity of legal norms governing the social commerce business model, measure the consistency of regulations with the principles of business and consumer protection, and assess the effectiveness of policy implementation in digital trade practices. The method used is a normative legal approach with literature review and case analysis of the closure of TikTok Shop in October 2023 as a concrete illustration of regulatory implementation. The research findings indicate that although these policies are intended to protect the local market and prevent monopolistic practices, there is ambiguity in technical definitions and weak coordination among regulatory agencies, leading to inconsistent implementation. Additionally, the impact on SMEs and consumers highlights the need for more inclusive transition policies and more adaptive legal instruments. This study suggests revising regulations to address the legal challenges posed by technological innovation and to create a fair and sustainable digital trade ecosystem. Keywords: E-commerce, Digital trade regulation, Tiktok shop
Restructuring of Non-Performing Loans as a Legal Protection Measure for Debtors Tata Cendekia Putra Sinaga; Mhd Yadi Harahap
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 1 (2025): Volume 12 Nomor 1 Juni 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.v12i1.57039

Abstract

This study aims to determine the form of legal protection for customers indicated to have non-performing loans at PT. Bank Sumut Medan, Polonia Branch, based on Bank Indonesia Regulation Number 14/15/PBI/2021. To address this issue, the researcher employs a normative juridical research type with a case study approach and a statutory approach. The data used consists of both secondary and primary data. The data collection techniques include interviews aimed at obtaining data on the resolution of problematic loans through restructuring at PT. Bank Sumut Medan, Polonia Branch, as well as questionnaires for respondents and employees. Additionally, the secondary data in this study consists of legal materials that use books or specific regulations as literature sources. The research results show that the form of legal protection for debtors in non-performing loans can be carried out through restructuring. However, it can be concluded that the loan procedures and requirements applied by Bank Sumut to its customers are already well-structured, and the loans provided are based on a well-utilized percentage of funds. Although the credit regulations implemented by Bank Sumut vary, the rate of non-performing loans remains relatively low. Keywords: Legal Protection, Debtor, Non-Performing Loan, Banking
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 (In Press)
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 (In Press)
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 (In Press)
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 (In Press)
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 (In Press)
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 (In Press)
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.

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