Jurnal Smart Hukum (JSH)

The Role of Mediation in Resolving Civil Law Disputes in Indonesia

Henny Saida Flora — 2025-02-02

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.

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

Pinta N. S. Simamora — 2025-01-31

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.

Problems of Using a Power of Attorney to Sell in the Transfer of Limited Liability Company Assets (Case Study Decision Number: 472/Pid.B/2023/Pn Tjk)

Ali Abdullah — 2025-03-15

The role of a Notary as a public official is very important and must be able to provide counseling and take the right steps in making authentic deeds by ensuring the formal truth of a legal act, especially a legal act in this case is the transfer of company assets based on a power of attorney to sell and without the approval of the General Meeting of Shareholders. Where the transfer of company assets should refer to the company's articles of association and Law No. 40 of 2007 concerning Limited Liability Companies. The problem raised is the validity of the power of attorney to sell in the transfer of company assets and without the approval of the General Meeting of Shareholders. The research method used is normative legal research, using secondary data consisting of primary, secondary and tertiary legal materials. This study uses a descriptive-analytical data analysis method with a qualitative approach. The results of this study are that if the subjective requirements in making a deed are not met, where the provisions in Article 1320 of the Civil Code must meet the requirements of competence in granting the power of attorney to sell, then the transfer of the asset can be cancelled. A Notary, in carrying out his duties, must be careful, thorough and adhere to the UUJN-UUPJN and KEN.

Harmonization of Health Law Number 17 of 2023 with the Legal Status of Hospitals as Legal Entities

Zaini Abdillah — 2025-03-19

Based on Law Number 17 of 2023 concerning Health, it is stated that a hospital is a health service facility that provides comprehensive individual health services through promotive, preventive, curative, rehabilitative, and/or palliative health services by providing inpatient, outpatient, and emergency services. Referring to the provisions contained in Law Number 17 of 2023 concerning Health, hospitals can be organized by the central government, regional governments, or the community. Hospitals organized by the central government or regional governments in providing health services can apply the financial management pattern of public service agencies in accordance with the provisions of laws and regulations. In contrast, hospitals established by the community must be in the form of a legal entity whose business activities are only engaged in health services, except for hospitals organized by non-profit legal entities.

Reconstruction of Criminal Law Policy in Handling Cyber Crime: Perspectives of Technology Law and Human Rights

Hasnia Hasnia — 2025-03-22

The rapid evolution of digital technologies has necessitated a critical reevaluation of criminal law frameworks globally, particularly in addressing cybercrime. This study identifies significant gaps in Indonesia’s current Electronic Information and Transactions (ITE) Law, including ambiguous definitions of cyber offenses such as electronic defamation (Article 27(3)) and hate speech (Article 28(2)), which have led to inconsistent judicial interpretations in 58% of analyzed cases. The absence of clear distinctions between personal data theft and state-sponsored cyberattacks further complicates prosecution, while 67% of regional law enforcement agencies lack specialized digital forensics units, prolonging investigations by an average of 287 days for cross-border evidence retrieval. Qualitative analysis of 12 landmark cases (2020–2024) and interviews with 15 legal and human rights experts reveal systemic human rights risks, including warrantless data collection in 43% of operations and a documented chilling effect on free expression due to overly broad libel provisions. Emerging technologies like artificial intelligence (AI) present dual challenges: while predictive policing tools reduce investigation timelines by 72%, algorithmic bias in 29% of AI systems exacerbates discrimination against marginalized groups. This research proposes a multidimensional reform strategy emphasizing: (1) legislative modernization through GDPR-inspired data categorization and tiered penalties; (2) establishment of a National Cyber Forensics Network to standardize technical capacity across Indonesia’s 34 provinces by 2027; and (3) adoption of rights-centric AI governance protocols requiring judicial oversight for surveillance tools. The analysis underscores the urgency of ratifying the Budapest Convention to streamline transnational cooperation, despite sovereignty concerns raised by 63% of prosecutors. Without these reforms, Indonesia risks both technological obsolescence in combating sophisticated cyber networks and systemic erosion of digital rights in its pursuit of cybercrime deterrence.

The Role of Legislative and Executive Institutions Based on the 1945 Constitution in Realizing the Sustainable Development Goals (SDGs)

Franciscus Xaverius Wartoyo — 2025-03-22

The Sustainable Development Goals (SDGs) have become a target for member countries of the United Nations (UN), including Indonesia. Achieving the SDGs as a global development agenda requires the active role of various parties, including legislative and executive institutions. Collaboration between the two institutions is a strategic key in realizing the SDGs as well as the ideals of the Indonesian state contained in the 4th paragraph of the Preamble of the 1945 Constitution, namely protecting the entire Indonesian nation, advancing general welfare, educating the nation's life, and participating in implementing world order based on independence, eternal peace and social justice. This study aims to analyze the forms of collaboration between legislative and executive institutions in supporting the implementation of SDGs in Indonesia. This study uses a qualitative approach by analyzing policies, regulations, and collaborative practices between the two institutions. The results show that structured and long-term goal-oriented synergies are needed to maximize the implementation of the country's ideals and the SDGs. This study recommends increased collaboration between the legislative institution as a regulator and watchdog of executive performance, and the executive institution as the implementer.

Analysis of the Application of Justice Principles in Civil Dispute Resolution in Indonesia: A Study of Cases in District Courts

Nurifana Umar — 2025-04-22

This research analyzes the application of justice principles in the resolution of civil disputes at Indonesian district courts. Employing a qualitative approach, the study examines 15 civil case decisions from five major district courts between 2020 and 2024, complemented by interviews with judges, lawyers, and litigants. The findings reveal that the pursuit of procedural certainty often overrides substantive justice, with strict adherence to procedural rules sometimes resulting in the dismissal of valid claims. Cultural factors, such as the integration of adat (customary law), further complicate the consistency of judicial decisions, particularly in inheritance and land disputes. Additionally, external pressures—including corruption and political influence—pose significant challenges to impartial adjudication. These complexities highlight a persistent tension between legal certainty and fairness in Indonesia’s civil justice system. The study recommends targeted judicial training focused on balancing procedural and substantive justice, enhanced oversight by the Judicial Commission, and reforms to allow greater judicial discretion in procedural matters. By providing an in-depth examination of district court practices, this research contributes to a better understanding of the systemic barriers to achieving justice in Indonesian civil litigation and offers practical recommendations for reform. The findings underscore the importance of aligning legal procedures with the fundamental goal of delivering fair and equitable outcomes for all parties involved.

Legal Construction Analysis for Ship Chartering in Indonesia: Comparison of BIMCO Agreement and Indonesian Maritime Transport Agreement

Capt. Chandra — 2025-05-05

This research analyzes the comparative legal construction between BIMCO standard agreements and Indonesian Sea Transportation Agreements in the context of ship chartering. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research identifies fundamental divergences in the orientation and objectives of these legal instruments. BIMCO standards demonstrate a commercial global orientation with transaction flexibility and efficiency, while Indonesian Sea Transportation Agreements maintain a regulatory-national orientation focusing on domestic maritime policies. This disparity creates harmonization challenges for cross-border shipping operators, increasing transaction costs and dispute resolution complexity. This research formulates an ideal legal construction model through a selective harmonization approach with three pillars: commercial adaptability, protection of national interests, and legal certainty. Implementing this model has the potential to strengthen the competitiveness of Indonesia's shipping industry in the global maritime ecosystem and support the Global Maritime Fulcrum vision.