Garuda - Garba Rujukan Digital

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

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

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.

Pembaruan Regulasi Fidusia dalam Mengakomodasi Kepastian Hukum dan Kewenangan Notaris dalam Penghapusan Jaminan Fidusia Multahada, Indy; Anjar Sri Ciptorukmi Nugraheni; Emmy Latifah
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.v12i2.62868

This study examines the weaknesses in the regulations governing the removal of fiduciary guarantees. Although the obligation to remove is regulated in relevant laws and regulations, practice shows that thousands of fiduciary guarantees have not been removed even after being paid off, creating legal uncertainty and hindering debtors from reusing the collateral. This study aims to analyse the urgency of updating fiduciary guarantee regulations and to formulate a regulatory framework that can strengthen legal certainty, including proposals for special markings on evidence of fiduciary guarantee objects and confirmation of the authority of the parties entitled to carry out the removal. This study uses a normative-empirical research method, employing a legislative and conceptual approach, with primary legal sources (related legislation) and secondary legal sources in the form of literature and interviews. This study found a gap between regulation and practice. The results of the study indicate the need for regulatory updates, including special markings on fiduciary collateral objects, as is the practice for encumbrances, as well as the affirmation of authority to legal subjects for the removal process. Regulatory updates are expected to create a more accountable removal mechanism and increase legal certainty for all parties.

Implementation of the Authority of the Ombudsman of the Republic of Indonesia Representative Office in East Java in Handling Maladministration: Qualitative Study and Analysis of State Administrative Law Yasin, Fikri; Taufiqurokhman; Beni Pramula; Evi Satispi
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.v12i2.62889

This study aims to evaluate the performance of the Ombudsman of the Republic of Indonesia Representative Office in East Java in resolving reports of maladministration in public services. The research focuses on the effectiveness of the Ombudsman's authority based on Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia, Law Number 25 of 2009 concerning Public Services, and the general principles of good governance (AUPB). The method used is legal research with a qualitative approach, through document analysis, in-depth interviews, and observation of the report resolution process. The results of the study show that the East Java Ombudsman has carried out its external oversight function quite effectively, particularly in verifying reports, clarifying with the reported agencies, and issuing recommendations. However, several obstacles were still found, such as limited resources, low levels of compliance by agencies with Ombudsman recommendations, and suboptimal coordination between agencies. This study confirms that the effectiveness of the Ombudsman is largely determined by the alignment between the legal framework, institutional capacity, and the legal culture of public service providers. The findings of this study are expected to serve as a basis for improving public service oversight policies and strengthening the position of the Ombudsman in the state administrative legal system.

The Effectiveness of Policies to Combat Plant Pests in Garlic Cultivation in East Lombok: Analysis of Agricultural Law Policies Warisin, Haerul; Taufiqurokhman; R. Dewi Setiani; Evi Satispi; Syukri
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.v12i2.62891

This study aims to evaluate the performance of the Ombudsman of the Republic of Indonesia Representative Office in East Java in resolving reports of maladministration in public services. The research focuses on the effectiveness of the Ombudsman's authority based on Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia, Law Number 25 of 2009 concerning Public Services, and the general principles of good governance (AUPB). The method used is legal research with a qualitative approach, through document analysis, in-depth interviews, and observation of the report resolution process. The results of the study show that the East Java Ombudsman has carried out its external oversight function quite effectively, particularly in verifying reports, clarifying with the reported agencies, and issuing recommendations. However, several obstacles were still found, such as limited resources, low levels of compliance by agencies with Ombudsman recommendations, and suboptimal coordination between agencies. This study confirms that the effectiveness of the Ombudsman is largely determined by the alignment between the legal framework, institutional capacity, and the legal culture of public service providers. The findings of this study are expected to serve as a basis for improving public service oversight policies and strengthening the position of the Ombudsman in the state administrative legal system.

Challenges of Criminal Liability Related to Artificial Intelligence (AI) in Indonesia: Lessons from European Law Tahir, Ach.
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.v12i2.63121

This study aims to analyze the reasons why Indonesian criminal law has not yet recognized Artificial Intelligence (AI) as a subject of criminal liability and to examine relevant models of criminal responsibility when AI is involved in criminal acts. This research employs a normative legal method with a literature-based approach, analyzing legislation, criminal law doctrines, and international literature related to the development of AI regulation. The analysis shows that the difficulty in positioning AI as a legal subject stems from juridical, philosophical, and technical limitations within Indonesian criminal law. As a solution, when AI-related crimes occur, criminal liability may be attributed to programmers, manufacturers, users, or corporations based on their degree of functional control over the AI system. This approach is compared with the regulatory framework of the European Union through its AI Act, which serves as a normative benchmark as the first comprehensive and binding AI regulation addressing accountability in autonomous systems. The relevance of this comparison lies in its emphasis on control-based and risk-oriented responsibility, which reflects legal challenges similarly faced within the Indonesian legal system and aligns with the doctrines of functional control, corporate liability, vicarious liability, and risk management. The study concludes that Indonesia's current criminal law framework does not place AI as a subject of criminal law, thereby directing liability toward humans or corporations within the technology's control chain.

Civil Law Analysis of the Blood Supply Cooperation Agreement between PMI Seluma and RSUD Tais Ahmad Ali Widodo; Hangabei, Sinung Mufti; Putra, Hendi Sastra; Ardinata, Mikho
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.v12i2.63406

Blood availability plays a strategic role in health services because it directly affects patient safety and the continuity of medical treatment. In Seluma Regency, the collaboration between the Indonesian Red Cross (PMI) and Tais Regional General Hospital (RSUD) is outlined in a Memorandum of Understanding (MoU) to ensure a safe, adequate, and timely blood supply. However, its implementation still faces various obstacles, such as limited stock and delays in distribution, which have the potential to disrupt health services and patient rights. This study aims to analyze the implementation of the MoU from a civil law perspective, focusing on the validity of the agreement, the fulfillment of the rights and obligations of the parties, and the dispute resolution mechanism. The method used is normative legal research supported by empirical data through a review of the Civil Code, contract theory, and field findings. The results of the study show that the MoU has met the requirements for a valid agreement according to Articles 1320 and 1338 of the Civil Code, but there are still weaknesses in the implementation of the contract that have the potential to cause default, thus requiring the strengthening of regulations and supervision of cooperation.

Reconstruction of Agreements for Land and Crops on it as an Instrument of Sharia Economic Justice in Indonesia Alwan, Muhammad
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.v12i2.63658

The practice of profit sharing on land and crops in Indonesia still shows an imbalance between landowners and cultivators, mainly due to the non-implementation of the principles of justice mandated by Shariah economic law. Profit-sharing contracts such as muzara'ah and musaqah are essentially designed as instruments for economic equity based on partnership, but in practice, they are often deviated by relationship patterns that tend to be exploitative. This article aims to analyze the regulation of contracts for land and the crops thereon from the perspective of Shariah economic law, and to formulate a reconstruction of the contract concept to align with the principles of justice (al-'adl), benefit (al-maslahah), and the values of Shariah economic law. This research uses a normative juridical method with a statute approach, conceptual approach, and maqāṣid al-syarī‘ah approach. Data were obtained through literature study of primary legal sources such as the Compilation of Shariah Economic Law (KHES) Book II Chapter IV, DSN-MUI Fatwa No. 14/DSN-MUI/IX/2000 concerning Muzara'ah and Musaqah, and Law No. 19 of 2013 concerning Protection and Empowerment of Farmers, as well as scientific literature from the 2019–2024 period. The results show that the regulation of profit-sharing contracts for land and crops in Indonesia is still fragmentary and has not fully adopted the principle of distributive justice in Shariah economic law. Therefore, a reconstruction of the contract concept is needed through the integration of the values of al-'adl (justice), al-maslahah (benefit), and al-amanah (trustworthiness) as outlined in a modern shirkah-muzara'ah based contract model. This model places both parties—the owner and the cultivator—as equal partners in the division of results according to the contribution of capital and labor.

Tinjauan Yuridis terhadap Proses Eksekusi dalam Penyelesaian Sengketa Tanah di Indonesia Hasan; Putri, Kattya Nusantari; Rezki Amalia; Sulaeman
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.v12i2.64250

"Execution is a crucial stage in civil law enforcement, particularly in land dispute resolution. Without execution, a court ruling holds only declarative legal value and lacks real binding force. This article aims to analyze the juridical review of the execution process in land dispute resolution in Indonesia, including the obstacles often encountered in the field, as observed in various regions in Indonesia, particularly in Polewali Mandar Regency. This study employs a normative juridical method with a legislative approach and case studies of court decisions. The research findings show that land dispute executions are frequently hindered by non-juridical factors such as third-party resistance, social conflicts, and political intervention. From a legal perspective, provisions in the HIR, RBg, and the 1960 UUPA serve as the normative foundation for execution. In conclusion, the execution process requires strengthened regulations and synergy between the judiciary, law enforcement agencies, and local governments to ensure legal certainty." Keywords: execution, land disputes, juridical review, legal certainty

Legal Certainty of Biometric-Based Electronic Contracts under Indonesian Contract Law Rahmawati Sabila; Wiwin Widiyaningsih; Zuraidah
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.v12i2.64393

The development of information technology has encouraged the extensive use of electronic contracts, including the application of biometric methods as mechanisms for authentication and consent. Although biometrics provide efficiency and enhanced security, their use in electronic contracts raises legal issues concerning contractual validity and legal certainty. This study aims to analyze the legal certainty of biometric-based electronic contracts in relation to Article 1320 of the Indonesian Civil Code and the Law on Information and Electronic Transactions (ITE Law). This research employs a normative legal research method using statutory and conceptual approaches, supported by library-based analysis of relevant legal materials. The findings indicate that biometric-based electronic contracts may, in principle, be considered legally valid provided that the legal requirements for a valid contract particularly mutual consent are fulfilled. However, legal certainty remains limited due to the absence of explicit regulation governing the legal status of biometrics as a form of electronic authentication or electronic signature, as well as challenges related to the protection of biometric data as sensitive personal data. This study contributes by identifying normative gaps in the regulation of biometric authentication and proposing regulatory harmonization to enhance legal certainty and personal data protection

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Rahman Syamsuddin

Contact Email
jurnal.jurisprudentie@uin-alauddin.ac.id

Phone
-

Journal Mail Official
rais.asmar@uin-alauddin.ac.id

Editorial Address
-

Location
Kab. gowa,

Sulawesi selatan

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Rahman Syamsuddin

Contact Email jurnal.jurisprudentie@uin-alauddin.ac.id

Phone -

Journal Mail Official rais.asmar@uin-alauddin.ac.id

Editorial Address -

Location Kab. gowa, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rahman Syamsuddin

Contact Email
jurnal.jurisprudentie@uin-alauddin.ac.id

Phone
-

Journal Mail Official
rais.asmar@uin-alauddin.ac.id

Editorial Address
-

Location
Kab. gowa,

Sulawesi selatan

INDONESIA