Jurnal Smart Hukum (JSH)
https://ejournal.ipinternasional.com/index.php/jsh
<p>Jurnal Smart Hukum (JSH) <strong>E-ISSN. 2961-841X</strong> 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.</p> <p>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.</p>Inovasi Pratama Internasional. Ltden-USJurnal Smart Hukum (JSH)2961-841XThe Role of Mediation in Resolving Civil Law Disputes in Indonesia
https://ejournal.ipinternasional.com/index.php/jsh/article/view/1269
<p><em>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 disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.</em></p>Henny Saida FloraGrenaldo GintingNita Cicilia GanapPinta N. S. SimamoraAhmad Burhanuddin
Copyright (c) 2025 Henny Saida Flora, Grenaldo Ginting, Nita Cicilia Ganap, Pinta N. S. Simamora, Ahmad Burhanuddin
https://creativecommons.org/licenses/by/4.0
2025-02-022025-02-023321622310.55299/jsh.v3i3.1269Legal Implications of Electronic Contracts in Civil Law: A Case Study in the Digital Era
https://ejournal.ipinternasional.com/index.php/jsh/article/view/1272
<p><em>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 with legal practitioners, academics, and e-commerce representatives. The findings reveal three key themes: Legal Validity, highlighting issues related to authentication and evidence admissibility; Legal Clarity, underscoring the need for specific regulations governing e-contracts and emerging technologies like smart contracts; and Consumer Protection, addressing jurisdictional complexities and the necessity for enhanced consumer awareness. The study concludes that while Indonesia recognizes e-contracts as legally binding, significant gaps remain in the regulatory framework that must be addressed to foster trust and innovation in the digital economy. Recommendations include developing clearer regulations, improving authentication processes, and strengthening consumer protection laws. This research contributes to the ongoing discourse on electronic contracting in Indonesia, providing insights that are essential for stakeholders navigating the evolving landscape of digital transactions.</em></p>Pinta N. S. SimamoraGrenaldo GintingCindy Mariam Magdalena RantungPingkan Dewi KaunangPutri Maha Dewi
Copyright (c) 2025 Pinta N. S. Simamora, Grenaldo Ginting, Cindy Mariam Magdalena Rantung, Pingkan Dewi Kaunang, Putri Maha Dewi
https://creativecommons.org/licenses/by/4.0
2025-01-312025-01-313322423210.55299/jsh.v3i3.1272