Jurnal Smart Hukum (JSH)

Customary Village Responsibility for the Protection of Customer Deposits in Village Credit Institutions in Bali

2026-07-02T15:48:21+00:00

Customary village responsibility, Village Credit Institutions, deposit protection, and rush money are key issues in the governance of community-based finance in Bali. This article examines the protection of customer deposits in Village Credit Institutions (LPD) and the responsibility of LPD management when simultaneous withdrawals occur. This research applies empirical legal research with statutory, socio-legal, and customary law approaches. Primary data were obtained through interviews at LPD Desa Adat Mengwi, LPD Desa Adat Kesiman, and LPD Desa Adat Semaon, while secondary data were collected from legislation, scholarly literature, and institutional documents. The findings show that customer deposit protection is implemented through internal supervision, external audit, customary village assemblies, liquidity control, and the normative force of awig-awig and pararem. However, the absence of a mandatory and uniform deposit guarantee scheme creates legal uncertainty because customer protection still depends heavily on institutional soundness, customary trust, and the willingness of customary village authorities to intervene. In rush money situations, desa adat functions as an institutional buffer that restores public confidence, mediates disputes, and demands accountability from LPD managers. This article argues that a hybrid protection model is required by combining customary supervision, prudential governance, mandatory LPD-specific deposit guarantee standards, and clear civil or criminal liability for managerial misconduct.

Optimizing the Recovery of State Losses through Civil Lawsuits Against Assets Suspected of Being Proceeds of Corruption

2026-07-16T02:44:32+00:00

Corruption in Indonesia inflicts massive financial losses on the state, yet the recovery of such losses remains suboptimal despite a robust criminal enforcement framework. This study explores the optimization of state loss recovery through civil lawsuits (gugatan perdata) targeting assets suspected to be proceeds of corruption. Employing a qualitative normative-empirical method, the research analyzes statutory provisions, court decisions, and asset recovery data from 2019 to 2023. The findings reveal that while the state attorney’s authority to file civil claims based on unlawful acts (onrechtmatige daad) under Article 1365 of the Civil Code provides a powerful non-conviction based pathway, its utilization is hampered by fragmented regulations, weak inter-agency coordination, and procedural uncertainties in tracing and securing assets. Case studies show that civil lawsuits have achieved significant recoveries, yet the overall recovery rate against total state losses remains below 15%. The discussion proposes an optimization model that includes the harmonization of legal instruments, establishment of a dedicated asset recovery task force, adoption of non-conviction based forfeiture mechanisms consistent with UNCAC, and enhanced international mutual legal assistance. The model integrates pre-litigation asset preservation, reverse burden of proof for illicit enrichment, and the use of digital forensics for asset tracing. The conclusion asserts that maximizing civil litigation for asset recovery not only reimburses the state treasury but also delivers a strong deterrent effect by incapacitating corrupt actors economically, provided that political will and institutional reform are sustained

Cumulation of Sentences in Concurrence of Criminal Offenses (Concursus) under the New Indonesian Criminal Code: Re-Actualization of the Principles of Proportionality and Individualization of Sentencing

2026-07-16T07:17:33+00:00

The enactment of Law No. 1 of 2023 on the Indonesian Criminal Code (KUHP Baru) marks a fundamental shift in the regulation of concurrence of criminal offenses (concursus), replacing the mixed cumulative-absorption system inherited from the colonial Wetboek van Strafrecht. This study examines the transformation of sentence cumulation in concursus and evaluates the extent to which the new regime re-actualizes proportionality and individualization in sentencing. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the research analyses Articles 123–128 of the new KUHP alongside doctrinal developments and hypothetical case simulations. The findings reveal that the new KUHP explicitly abandons the pure cumulative stelsel in favor of an aggravated absorption system (stelsel absorpsi yang dipertajam), whereby the maximum penalty for multiple acts is set at the most severe principal threat plus one-third, and judicial discretion is bounded by overarching sentencing objectives that mandate proportionality and individual culpability. The discussion demonstrates that this structural change harmonizes Indonesian concursus law with modern sentencing theories, particularly limiting retributive excess and enabling individualized sanctions. However, residual ambiguity in the definition of “multiple acts” and the absence of operational guidelines for aggravation pose risks of disparity. The article concludes that the new KUHP constitutes a significant normative advancement toward proportionality and individualization, but its practical realization demands coherent implementing instruments and intensive judicial training

Regulation Of Notarial Authority in the Transfer of Copyright Through Inheritance

2026-07-16T15:58:38+00:00

The regulation of notarial authority in the transfer of copyright through inheritance is a crucial issue in Indonesian civil law because copyright has become an intangible economic asset capable of generating royalties and other commercial benefits for heirs. This study analyzes the legal certainty of copyright transfer through inheritance and the appropriate forms of notarial deeds needed to document such transfer. The research applies normative legal research using statutory and conceptual approaches, with primary legal materials consisting of the Indonesian Civil Code, the Copyright Law, and the Notary Office Law. The findings indicate that copyright, particularly its economic rights, transfers by operation of law after the creator dies; however, authentic notarial deeds remain necessary to clarify heirship, identify the inherited copyright object, regulate economic-right management, and support administrative recording at the Directorate General of Intellectual Property. The notary does not determine heir status judicially but provides preventive legal protection through authentic deeds such as deeds of heirship statement, deeds of inheritance distribution, deeds of economic-right management, and deeds of transfer of economic rights. The article concludes that a more explicit technical regulation is required to harmonize copyright, inheritance, and notarial law

Notary Responsibility in Correcting Clerical and Typographical Errors in Deeds

2026-07-16T15:47:53+00:00

This study constitutes normative legal research that analyzes the notary’s responsibility in correcting clerical and/or typographical errors in signed deeds, which plays an important role in ensuring the validity of deeds and legal certainty for the parties. The Notary Office Law grants notaries the authority to draw up authentic deeds concerning all legal acts, agreements, and stipulations required by statutory regulations. The focus of this study is the notary’s authority over clerical and/or typographical errors in the minuta deed, as well as the notary’s responsibility toward parties who suffer losses due to such errors in a minuta deed whose copy has already been issued. This research employs a conceptual approach and a statutory approach.Corrections are made in the presence of the appearers, witnesses, and notary, and are subsequently recorded in a deed of correction minutes. If an error causes losses to the parties, the notary may be held civilly, administratively, or criminally liable and is required to undertake corrective measures in accordance with the applicable legal provisions in order to ensure legal certainty, justice, and legal protection. The notary’s responsibility for typographical errors in a copied minuta deed is carried out through renvoi or by correcting the erroneous copy of the minuta deed, with initials affixed by the appearers, witnesses, and notary. Therefore, notaries must consistently uphold professionalism, accuracy, and the principle of prudence in carrying out their duties in order to ensure legal certainty and protect the interests of the parties

Validity and Legal Consequences of Oral Agreements in Business Disputes: Reconstruction of Proof Based on Substantive Justice (A Case Study on a Construction Contract Decision)

2026-07-23T15:47:45+00:00

Oral agreements remain widely used in Indonesian construction business, yet their validity and enforceability often spark dispute due to the challenges of proof. This study examines the legal validity and consequences of oral charter-party contracts (pemborongan) through the lens of substantive justice, taking the Supreme Court Decision No. 2345 K/Pdt/2021 as a case study. Employing a normative juridical method with a qualitative case approach, the research analyzes how Indonesian civil law, particularly Articles 1320, 1338, and 1601b of the Civil Code, permits oral contracts in construction works, while procedural law under HIR and the ITE Law imposes a high evidentiary burden. The findings reveal that formalistic approaches by lower courts often nullify oral agreements merely due to lack of documentary proof. In contrast, the Supreme Court reconstructed the parties’ consensus by integrating partial payment evidence, electronic communications, and witness testimonies, grounding its reasoning on substantive justice (keadilan substantif). The decision produced legal consequences including the obligation to pay outstanding contract price, compensation, and legal costs. The study proposes an evidentiary reconstruction model that shifts the paradigm from written-document supremacy to a multi-faceted, contextual proof assessment. This model reinforces the principle of good faith and offers a doctrinal framework for judges to resolve similar business disputes without sacrificing legal certainty. The conclusion underlines the urgency of harmonizing formal procedural rules with the substantive truth-seeking function of the judiciary.

Legal Protection for Gig Economy Workers in Southeast Asia: A Comparative Study on Labor Law Enforcement between Indonesia and Singapore

2026-07-25T13:10:40+00:00

The rapid expansion of the gig economy across Southeast Asia has fundamentally disrupted traditional labor market structures, creating a significant regulatory void in the protection of platform workers. This article presents a comparative legal analysis of labor law enforcement for gig economy workers in Indonesia and Singapore, two Southeast Asian nations with distinctly different regulatory approaches. Employing qualitative legal research methodology with a normative-comparative approach, this study examines the statutory frameworks, judicial interpretations, and policy instruments governing platform work in both jurisdictions. The findings reveal a striking regulatory divergence: Singapore has enacted the Platform Workers Act 2024, establishing a sui generis legal category for platform workers with mandatory Central Provident Fund contributions, work injury compensation, and collective representation rights. In contrast, Indonesia continues to rely on fragmented regulations that relegate platform workers to ambiguous "partnership" status, excluding them from basic labor protections under Law No. 13 of 2003 on Manpower. The study identifies that less than 3.5% of Indonesian gig workers possess employment social security, while Singapore provides comprehensive coverage to approximately 70,000 platform workers. This article argues that Indonesia's regulatory inertia constitutes a structural inequality that perpetuates worker vulnerability, and recommends the adoption of a hybrid "third category" legal framework inspired by Singapore's progressive model, while adapting it to Indonesia's unique socio-economic context

Legal Governance of Customary Village Enterprises for Sustainable Cultural Tourism

2026-07-27T15:15:29+00:00

The governance of customary village enterprises has become increasingly important in promoting sustainable cultural tourism, yet limited research has examined how legal governance shapes the effectiveness of these institutions within a pluralistic legal system. This study investigates the legal governance of Baga Utsaha Padruwen Desa Adat (BUPDA) as a customary village enterprise and evaluates its contribution to sustainable cultural tourism. Employing a mixed-method legal research design, the study integrates statutory, conceptual, and socio-legal approaches through the analysis of legislation, institutional documents, interviews, and field observations. The findings demonstrate that BUPDA operates within an integrated framework of national legislation, regional regulations, customary village rules, and local governance mechanisms that collectively establish legal certainty and institutional legitimacy. Beyond serving as an economic entity, BUPDA strengthens participatory governance, preserves cultural values, and supports sustainable tourism through community-based management. Nevertheless, institutional effectiveness remains constrained by limited human resource capacity, governance quality, and regulatory harmonization. The principal novelty of this study lies in developing a legal governance perspective that positions customary village enterprises as institutional instruments linking legal pluralism, indigenous economic governance, and sustainable cultural tourism. The study concludes that strengthening legal coordination, institutional capacity, and adaptive governance is essential for improving the long-term sustainability of customary village enterprises. Future research should comparatively examine customary economic institutions across different indigenous communities to develop broader governance models applicable to sustainable tourism policies.

Legal Governance of Customary Village Enterprises for Sustainable Cultural Tourism

2026-07-16T02:57:09+00:00

The governance of customary village enterprises has become increasingly important in promoting sustainable cultural tourism, yet limited research has examined how legal governance shapes the effectiveness of these institutions within a pluralistic legal system. This study investigates the legal governance of Baga Utsaha Padruwen Desa Adat (BUPDA) as a customary village enterprise and evaluates its contribution to sustainable cultural tourism. Employing a mixed-method legal research design, the study integrates statutory, conceptual, and socio-legal approaches through the analysis of legislation, institutional documents, interviews, and field observations. The findings demonstrate that BUPDA operates within an integrated framework of national legislation, regional regulations, customary village rules, and local governance mechanisms that collectively establish legal certainty and institutional legitimacy. Beyond serving as an economic entity, BUPDA strengthens participatory governance, preserves cultural values, and supports sustainable tourism through community-based management. Nevertheless, institutional effectiveness remains constrained by limited human resource capacity, governance quality, and regulatory harmonization. The principal novelty of this study lies in developing a legal governance perspective that positions customary village enterprises as institutional instruments linking legal pluralism, indigenous economic governance, and sustainable cultural tourism. The study concludes that strengthening legal coordination, institutional capacity, and adaptive governance is essential for improving the long-term sustainability of customary village enterprises. Future research should comparatively examine customary economic institutions across different indigenous communities to develop broader governance models applicable to sustainable tourism policies.

Law Enforcement in the Case of Racist Hate Speech by a Police Officer's Child: An Analysis of Multiple Articles in the ITE Law, the Criminal Code, the Criminal Procedure Code, and Human Rights Protection

2026-07-25T12:53:51+00:00

This research analyzes the legal case of a racist contest content created by a female student with initials L, the child of a Police officer, which went viral in May–June 2026. Using normative-juridical research method with statutory, case, and conceptual approaches, this study examines the application of Article 28 paragraph (2) of the ITE Law from a criminal law perspective and analyzes the potential for tort claims (Article 1365 of the Indonesian Civil Code) and defamation claims (Article 1372 of the Indonesian Civil Code) that can be filed by victims. This research also analyzes the impact of Constitutional Court Decision Number 105/PUU-XXII/2024, international legal frameworks (Rabat Plan of Action, ICCPR, ICERD, Siracusa Principles), and various moral, ethical, and legal impacts of this case. The results show that: (1) L's content fulfills both criminal elements and tort elements; (2) the non-detention decision is formally in accordance with the Criminal Procedure Code but raises controversy; (3) Constitutional Court Decision 105/2024 narrows the interpretation of hate speech articles; (4) the L case has broad impacts on national unity, serves as a test for police reform, and raises serious moral and ethical concerns; (5) victims have a strong potential for tort claims to obtain material and immaterial damages. This research recommends: (1) regulatory harmonization; (2) strengthening legal process transparency; (3) strict law enforcement; and (4) improving public digital literacy

Mediation Implementation in Inheritance Dispute Resolution: A Study of The Sibuhuan Religious Court Under Supreme Court Regulation No. 1 of 2016

2026-08-02T08:37:20+00:00

This study examines the implementation of mediation in resolving inheritance disputes at the Sibuhuan Religious Court under Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Court Mediation Procedures. Inheritance disputes frequently arise in Indonesian Muslim communities due to disagreements over inheritance distribution, often leading to prolonged family conflicts. This research employs an empirical juridical method with a qualitative case study approach, utilizing data collection techniques including interviews, observation, and documentation studies. The findings reveal that mediation implementation at the Sibuhuan Religious Court has generally complied with PERMA No. 1 of 2016 procedural requirements, with supporting factors including the availability of certified mediator judges, adequate mediation facilities, and cultural values promoting family harmony. However, inhibiting factors significantly constrain success rates, including low legal awareness among parties, sharp interest conflicts, limited mediation timeframes, and communication barriers such as language differences. The success rate of mediation in inheritance disputes at the Sibuhuan Religious Court ranges between 40%–50%, indicating its effectiveness as a dispute resolution mechanism while demonstrating considerable room for improvement. This research contributes to understanding the practical challenges of court-annexed mediation in religious court settings and offers recommendations for enhancing mediation effectiveness through improved mediator training, expanded public legal education, and strengthened procedural enforcement mechanisms. The study concludes that mediation remains a valuable alternative to full litigation, offering faster, more cost-effective, and relationship-preserving outcomes when properly implemented