Jurnal Smart Hukum (JSH)

Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.

List of Papers (Total 77)

The Role of Mediation in Resolving Civil Law Disputes in Indonesia

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between...

Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era

This study explores the legal implications of electronic contracts (e-contracts) within the framework of Indonesian civil law, emphasizing the challenges and opportunities presented by digital transactions in the contemporary marketplace. Utilizing a qualitative research methodology, data were collected through literature reviews, document analysis, and semi-structured interviews...

Land Case Mediation at BPN as a Form of National Land Law Development

One of the most significant obstacles to the advancement of national land legislation is the resolution of land disputes. This article seeks to analyze the role that mediation plays as a means of resolving land disputes when implemented by the National Land Agency (BPN), with the aim of supporting the development of a more just and sustainable land law. This research employs a...

Binding Sale and Purchase Agreement and Power of Attorney Over Land in the Perspective of the Principle of Horizontal Separation

This study explores the application of the horizontal separation principle in land ownership and transfer in Indonesia, focusing on the Binding Sale and Purchase Agreement (PPJB) and the power of attorney in land transactions. The horizontal separation principle, derived from customary law, ensures that land ownership does not automatically include ownership of buildings or...

Development Law in the Context of Legal Theory and Philosophy: Challenges and Opportunities Toward Social Justice

This research project is an in-depth analysis of legal theory and philosophy in the context of the concept of development law. An understanding of how law functions as an instrument of social justice is crucial to this analysis. This research employs the literature study method to collect, distill, and interpret a range of academic sources pertaining to development law, social...

Analysis of the Role of Law in Environmental Dispute Resolution: A Case Study in Urban Areas

The objective of this research project is to conduct an in-depth examination of the role of law in environmental dispute resolution within the context of urban Yogyakarta. By employing a qualitative methodology, this study examines the factors affecting the implementation of environmental legislation and the efficacy of legal instruments in addressing disputes. This study seeks...

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

The realisation of human rights constitutes a crucial element in the establishment of social justice and the safeguarding of individual dignity. In Indonesia, legal policies pertaining to human rights have evolved since the advent of the reform era, with the advent of numerous regulations and the establishment of institutions dedicated to the protection of human rights. This...

Implications for the Power of Attorney to Sell Deed Made by a Notary Due to Inaccuracy

The role of a notary is crucial in facilitating legal certainty and protection for the community. In civil law, notaries hold a highly strategic position as their profession deals with fundamental and critical issues in every legal action, particularly within civil law. The public, both as subjects and objects of legal transactions, bear significant burdens regarding legal...

Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the...

Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee

Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the...

Legal Protection of Indonesian Workers on Japan on the Perspective of Human Rights and Pancasila Values

In the 21st century, the phenomenon of labor migration is becoming increasingly significant globally. Japan has become one of the main destinations for Indonesian workers. However, legal protection for them in Japan is still a major concern. This study provides an in-depth insight into the challenges faced by Indonesian workers in Japan in obtaining adequate legal protection...

The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition...

The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Cases: An Examination of Legal and Social Perspectives

The objective of this research is to examine and address issues pertaining to the enforcement of the law in instances of violent criminal activity perpetrated by students of legal age who are enrolled in educational institutions. External factors, including association, education, and social environment, exert a significant influence on children's criminal behavior, which...

The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law...

This Study Examines the Impact of Campaign Finance Restrictions on Electoral Transparency and Integrity in ASEAN Countries

The transparency and integrity of electoral processes are of paramount importance for the health of a democracy. They prevent corruption and ensure fairness. Many ASEAN countries have implemented strict campaign finance regulations with the aim of enhancing transparency and reducing financial influence in politics. However, the effectiveness of these policies depends on the...

The Development of Indonesian Marriage Law in Contemporary Era

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires...

Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with...

The Role of the Consumer Dispute Resolution Agency (BPSK) Regarding Developer Consumer Rights that are Not Fulfilled

The Consumer Dispute Resolution Agency (BPSK) was established as a solution to avoid resolving consumer disputes through general courts. Proceeding in the general court takes a long time and costs a lot of money, whereas resolving consumer disputes requires fast and cheap procedural law. Consumer Dispute Resolution Agency Provisions in Law Number 8 of 1999 concerning consumer...

Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic...

The government's Role with Respect to Honorary Workers is Delineated in the 2014 State Civil Apparatus Act.

The objective of this study is to determine the role of the government with regards to honorary workers in compliance with Law No. 5 of 2014 concerning the State Civil Apparatus. Furthermore, it seeks to identify the efforts and policies of the Serdang Bedagai Regency government in organizing personnel administration of honorary workers. Furthermore, this study will examine...

The Effects on consumers of using refills under Law No. 8 of 1999 on Consumer Protection

The purpose of this research is to determine and analyze the legal protection of the impact of using refill perfume on consumers based on Law Number 8 of 1999 concerning Consumer Protection, obstacles to the impact of using refill perfume on consumers based on Law Number 8 of 1999 concerning Consumer Protection and solutions to the impact of using refill perfume on consumers...

Position of a Single Judge in a Small Claim Court: Role and Responsibilities

In the context of litigation, a simple lawsuit is one that has no legal recourse. It is an objection that is heard by judges who are senior in the field. This type of lawsuit is convenient for the community at large, encompassing companies, People's banks, and other banks whose proof is simple. The data collection methods employed in this research are observation, interview, and...

Legality and Implications of International Law on Cooperation between Indonesia and Norway in the Environmental Sector

The issue of environmental protection has become a significant concern in international relations, with numerous countries striving to preserve the environment through various initiatives. One such initiative is the conduct of international cooperation, which is implemented through a special program on the environment. This study seeks to ascertain the dynamics of the cooperation...

Law and Application of Pancasila Principles in Interfaith Marriages in Indonesia

The implementation of the life of the nation and state is inextricably tied to the divine values encapsulated in Pancasila and the Constitution. However, the current reality of Indonesia's diverse nation poses a challenge to these divine values. The absence of barriers between individuals, as exemplified by their interactions and the formation of families through marriage, has...

The Examination of Government Regulation Number 28 of 2022 From a Pancasila Point of View

Indonesia as a democratic country that emphasizes the rule of law as the main foundation, makes Pancasila as the moral and philosophical foundation for the constitution and laws and regulations. This research aims to evaluate the consistency of Government Regulation Number 28 Year 2022 on the Management of State Receivables with the principles of Pancasila, as well as to assess...