Journal Title Riau Law Journal Initials RLJ Email rlj@ejournal.unri.ac.id Frequency 2 issues in a year ISSN 2579-8669 (Print) | 2579-8693 (Online) DOI Prefix Prefik 10.30652 by Editor in Chief Dr. Rika Lestari., SH., M.Hum Publisher Fakultas Hukum Universitas Riau Riau Law Journal (RLJ) is a peer-reviewed journal which is published by Faculty of Law, Universitas Riau (UR). We are interested in topics which relate generally to Law issues in Indonesia and around the world.The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. Articles submitted might cover topical issues in Civil Law, Criminal Law, Civil Procedural Law,Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law,etc Riau law Journal has been indexed in
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Legal Analysis of Self-Preferencing Conducted by Marketplace on Courier Services Based on Anti-Monopoly Law and Unfair Business Competition
The rapid development of e-commerce has positioned marketplaces as dominant players within the digital economy, while simultaneously giving rise to complex competition issues, one of which is the practice of self-preferencing. This article analyzes the legal implications of self-preferencing practices carried out by marketplaces in Indonesia, particularly the tendency to prioritize or grant exclusive advantages to affiliated or self-owned courier services. Employing a normative legal research method with statutory and conceptual approaches, this study examines the extent to which such practices may violate Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (the Anti-Monopoly Law), specifically with regard to abuse of dominant position, discriminatory conduct, and exclusive dealing arrangements. The findings reveal that self-preferencing may hinder fair competition in the courier service sector, disadvantage independent courier providers, restrict consumer choice, and potentially stifle innovation. Such practices create entry barriers for new market entrants and unjustly reinforce marketplace dominance. Accordingly, it is imperative for the Indonesia Competition Commission (KPPU) to proactively monitor and take enforcement actions against self-preferencing practices in order to safeguard a fair and balanced competitive environment in the digital marketplace and promote consumer welfare and market efficiency.
Copyright (c) 2025 Samariadi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Arah Kebijakan Hukum Pidana Pasca Perubahan Undang-Undang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya
Penelitian ini berfokus pada analisis Undang-Undang Nomor 32 Tahun 2024 tentang Perubahan atas Undang-Undang Nomor 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya (UU KSDAHE) dalam perspektif kebijakan hukum pidana. Pasca perubahan UU KSDAHE yang telah berlaku selama lebih dari tiga dekade, menyisakan sejumlah substansi yang perlu diperbarui seperti jenis tindak pidana baru hingga pertanggungjawaban pidana korporasi. Penelitian ini bertujuan untuk meneliti arah kebijakan hukum pidana pasca perubahan UU KSDAHE dan apa saja tantangan yang akan muncul pasca perubaha UU KSDAHE. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan dan konseptual. Hasil penelitian ini menunjukkan bahwa UU KSDAHE Lama memiliki sejumlah catatan penting yang harus diperbarui seperti landasan filosofis berupa tujuan pemidanaan yang digunakan. Arah kebijakan hukum pidana pasca perubahan UU KSDAHE menunjukkan bahwa sarana non-penal berupa hukum administratif minim digunakan dan asas ultimum remedium tidak tercermin dalam undang-undang ini, melainkan justru asas premum remedium yang digunakan. Tantangan pasca perubahan UU KSDAHE terdiri atas jenis sanksi pidana bagi korporasi, potensi disparitas penjatuhan pidana, overcriminalization karena tumpang tindih delik, inkonsistensi terhadap formulasi kebijakan hukum pidana integral hingga belum direkognisinya korban non-manusia sebagai korban kejahatan. Saran atas penelitian ini diperlukan telaah ulang atas pemberlakuan UU KSDAHE serta penyusunan pedoman pemidanaan bagi seluruh elemen penegak hukum untuk mengatasi permasalahan yang muncul sejak dalam tahapan kebijakan formulasi UU KSDAHE.
Copyright (c) 2025 Daffa Prangsi Rakisa Wijaya Kusuma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Kepastian Hukum Pembatalan Akta Notariil Menjadi Akta di Bawah Tangan Pada Perjanjian Kerjasama
Wiralogam Company with Citi9 Property Indonesia made an Operational Cooperation Agreement (KSO) for the development of the Tenaru 9 Project. Where in this agreement Wiralogam Company made a loan of IDR. 12.000.000.000,00 (two billion rupiah) to Citi9 Property Company Indonesia through the Notarial Deed of Agreement. However, there was a legal dispute where the owner of Wiralogam without the knowledge of the occurrence of retroactive notarial deed becomes under the hand. This resulted in alleged losses in which Wiralogam Company borrowed money with collateral in the form of land and shop houses covering an area of 20,450m2 (square) and it was as if the cancellation of the cooperation agreement was under the pretext of PT. Wiralogam failed to repay the debt based on what was agreed. This study uses legal research methodswitha statutory approach (status approach), conceptual approach (conceptual approach), and case approach (case approach). The results of this study explain that the application of the agreement under the hands and the date back without the knowledge of Wiralogam Company is an unlawful act on a contract which is contrary to the freedom to contract based on good faith as regulated in Article 1338 paragraph (3) BW. However, the legal protection that must be carried out by PT. Wiralogam as the aggrieved party is to unilaterally cancel through the court on the basis of fundamental losses. Therefore, after the cancellation, a lawsuit against the law must be carried out on the contract as well as abuse of circumstances based on defects of will and deception on the basis of Article 1321 BW
Model Perlindungan Hukum oleh Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak (P2TP2A) terhadap Perempuan dan Anak Korban Tindak Kekerasan di Sumatera Barat
Based on data from the West Sumatran Women's Conscience NGO, the number of violence against women and children in West Sumatra in the 4 (four) years is still very high. The research method used in this research is sociological juridical. Based on the results of research at the Integrated Service Center for the Empowerment of Women and Children at 5 (Five) Regencies/Cities in West Sumatra: the model of protection by P2TP2A for women and children victims of violence is through prevention efforts carried out through socializing the existence of P2TP2A, handling complaints services, rehabilitation services health services, social rehabilitation services, legal aid services and information data administration services, recovery is carried out through training training so that victims can become independent and social rehabilitation so that victims can socialize again into the community.
Penegakan Hukum Tindak Pidana Pencucian Uang dalam Pemulihan Ekonomi Pasca Pandemi Covid-19
The disruption to the economy and health caused by Covid 19 is used as an opportunity for money laundering crimes, especially cases of money laundering crimes that are increasing. Covid-19 should be a moment to realize the weakness of the law so that it requires a system that provides a refresher in practice, because even during normal times law enforcement experiences obstacles. Legal reforms are needed in accordance with the needs and conditions both during the pandemic and endemic, including technological developments in law enforcement, Formation of government regulations in lieu of laws, Improving the quality and competence of law enforcement officers, Training, improving law enforcement education, Law discovery by judges, increasing community participation, and modernizing law enforcement. During the COVID-19 pandemic or post-pandemic, economic growth must be balanced with efforts to implement law enforcement. The combination of law enforcement and economic rescue must become a strong model of law enforcement together, to realize the ideals of a just, prosperous, and prosperous society, as well as the goals of law in society.
Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disab
Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 Law Number 8 Year 2016 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses empirical research with a statutory approach (statue approach) and an analytical approach (conceptual approach). The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. In the legal construction of regulating employment rights for persons with disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately
Penerapan Hukum Adat Dalam Penyelesaian Perkara Pidana Melalui Konsep Restorative Justice di Kabupaten Rokan Hulu Provinsi Riau
The restorative justice approach is a paradigm that is used as a framework for a criminal case handling strategy aimed at responding to dissatisfaction with the work of the current criminal justice system. Where the conventional criminal case settlement process is very complicated and takes a long time to arrive at a judge's decision, the litigants may not even necessarily get the justice or satisfaction they expect. Restorative justice is a concept of responding to the development of the criminal justice system by focusing on the need for community involvement and victims who feel excluded from the mechanisms that work in the current criminal justice system. The purpose of this study was to determine the application of customary law in the settlement of criminal cases through the concept of restorative justice in Cipang Kanan Village, Rokan IV Koto, Rokan Hulu Regency, Riau Province. This type of research is sociological and juridical, with an emphasis on field research; it is descriptive because it intends to describe the reality under study clearly and systematically. The community in Cipang Kanan Village always prioritizes deliberation in every activity, especially in matters relating to the resolution of disputes, so that every problem that occurs in the community always involves the role of traditional leaders in its resolution. This is a reflection of the custom that they have always implemented, where every dispute always uses peace efforts by mediation and is followed by customary sanctions that must be met by perpetrators who have violated customary provisions.
Customary Law Settlement of Criminal Cases Restorative Justice
Hakikat Otonomi Daerah Yang Luas, Nyata Dan Bertanggung Jawab Dalam Perspektif Utilitarianisme
The problem that arises because the regions do not have absolute independence to take care of their own household affairs can be one of the factors that hinder Indonesia from becoming a welfare state through the progress of the regions. The problem of the essence of regional autonomy at the level of implementation of its system in the frame of the Unitary State of the Republic of Indonesia is still not in accordance with the nature of broad, real, and responsible regional autonomy so that this will also hinder the achievement of the greatest happines of the greatest number for as in the theory of utilitarianism in achieving the goal of the state to become a welfare state ). The research method used is normative juridical by taking a historical approach and legislation. The results showed that the urgency of implementing broad, real, and responsible regional autonomy is needed in the regional government system in order to meet regional needs with the essence of autonomy possessed in order to realize the greatest happiness of the regional community.
Penegakan Hukum Pidana Terhadap Pelaku Tindak Kampanye Hitam (Black Campaign) di Media Sosial
The purpose of this study is to determine the form of black campaign crime according to the Indonesian regional head election law, the mechanism of investigation of the perpetrators of the black campaign crime of regional head elections based on the regional head election law and the information and transaction law, and criminal liability for the perpetrators of the regional head election black campaign based on election law and information and transaction law. The research conducted is normative juridical research using secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is known that the form of black campaign crime according to the regional head election law is in the form of inciting slandering and playing against each other, then it can also be in the form of defamation, insulting and disseminating information with the aim of causing hatred to political opponents mentioned in information and transaction law. The mechanism of investigation of the perpetrators of the black campaign crime of the regional head election based on the regional election law and the information and transaction law is that in essence police investigators can conduct investigations after reports of election violations are received by the provincial election supervisory and regency election supervisory.
Penegakan Hukum Luar Biasa Atas Kejahatan Ekosida Sebagai Extraordinary Crime Dalam Konsep Hukum Lingkungan Internasional
The purpose of this research is to analyze law enforcement against the crime of ecocide as extraordinary crime. Second, law enforcement review against ecocides in various regulations and various court decisions in Indonesia Third, to analyze the concept of international environmental law in the extraordinary enforcement law against ecocide crimes (Extraordinary Crime) The research method used by researchers is normative juridical approach. This means that the legal material used as a study is secondary data.
Fiksi Hukum Dalam Transaksi Elektronik: Problematika Validitas Perjanjian Dalam Era Smart Contract
Penelitian ini bertujuan untuk menganalisis secara kritis validitas hukum dari smart contract berbasis Blockchain dalam perspektif hukum perdata Indonesia. Munculnya smart contract menghadirkan tantangan signifikan terhadap prinsip-prinsip fundamental seperti konsensualisme, kebebasan berkontrak, dan keadilan substantif. Menggunakan metode penelitian hukum normatif, penelitian ini menerapkan pendekatan perundang-undangan, konseptual, dan perbandingan untuk mengkaji ketegangan antara prinsip hukum perdata dan realitas digital. Temuan menunjukkan adanya kekosongan hukum dalam sistem hukum warisan kolonial Indonesia yang tidak memadai dalam menangani kompleksitas kontrak algoritmik. Kekosongan ini berisiko menimbulkan kerugian hukum, terutama bagi pihak yang kurang literasi digital. Penelitian ini memperkenalkan konsep kesenjangan digital normatif dan mendorong pengakuan smart contract sebagai entitas kontraktual baru, dengan penekanan pada pengawasan dan verifikasi substansial. Implikasi dari penelitian ini menyoroti perlunya reformasi hukum yang mendesak untuk beradaptasi dengan era transformasi digital, memastikan keadilan substantif dalam transaksi digital. Akhirnya, artikel ini memberikan kontribusi terhadap pengembangan teori hukum kontrak yang lebih adaptif terhadap dinamika teknologi.
Copyright (c) 2025 R. Mustar Lofi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Yuridis terhadap Peran Badan Penyelesaian Sengketa Konsumen dalam Perlindungan Konsumen di Indonesia
This paper aims to evaluate the performance of non-judicial consumer dispute resolution institutions in fulfilling their role as protectors of consumer rights, particularly in light of the growing complexity of contemporary commercial transactions and the proliferation of sector-specific dispute resolution forums. The primary focus of this study is to assess the extent to which these institutions are capable of delivering legal protection that is effective, expedient, and accessible, despite facing various structural and functional limitations such as unclear jurisdictional boundaries, overlapping mandates with other bodies, and weak institutional infrastructure. The research adopts a normative juridical approach, employing doctrinal legal analysis and the examination of relevant case decisions. The findings reveal that, structurally, these institutions continue to encounter fundamental challenges, including the limited binding effect of their decisions, which remain subject to judicial review, the lack of regulatory coherence, and insufficient institutional capacity particularly in addressing disputes arising from digital transactions and financial services. The absence of a uniform national procedural standard further contributes to inconsistencies in implementation across regions. This study underscores the urgent need to strengthen the institutional role through the harmonization of sectoral regulations, restructuring of institutional authority, and the development of an integrated digital complaint system. These findings are expected to contribute to the formulation of institutional policy frameworks that are more adaptive and effective in responding to the evolving challenges of consumer protection.
Consumer Protection; Dispute Resolution; Institutional Effectiveness; Legal Access; Regulatory Reform
Copyright (c) 2025 Riau Law Journal https://creativecommons.org/licenses/by-nc-sa/4.0
Analogi Hukum Harta Bersama Perkawinan Islam Dengan Konsep Ekonomi Islam (Syirkah)
Marriage is one of the rights of every person; the right to marry is protected by the 1945 Constitution of the Republic of Indonesia, article 28B paragraph 1. Meanwhile, marriage according to Islamic law is a commandment of Allah and the sunnah of the Prophet Muhammad. The marriage contract in marriage aims to unite two people in a sacred bond that has the value of worship. However, even though it is bound by the marriage contract, it does not immediately unite the assets of both parties, assets obtained before marriages remain the personal property of each party. Meanwhile, regarding assets obtained during marriage or joint assets as explained in Law Number 1 of 1974 concerning marriage. Islam does not recognize the concept of joint assets, and then the concept of joint assets was formulated by the government and scholars in Indonesia as written in the Compilation of Islamic Law (KHI) allowing the implementation of joint assets by equating the legal issues with the concept of "syirkah" which was previously only known in Islamic economics. The purpose of this writing is to understand and analyze how the concept of "syirkah" can be used in cases of joint assets in Islamic marriages. The method used in this study is a descriptive normative method. The normative approach is legal research that uses secondary data sources, while the descriptive approach is a research method that attempts to describe and interpret conditions according to what they are.
Implementasi Perda Nomor 2 Tahun 2022 Terhadap Pengamen Badut Di Rokan Hulu
This study aims to analyze the implementation of Rokan Hulu Regency Regional Regulation Number 2 of 2022 concerning Public Order, especially regarding the presence of clown buskers at traffic light intersections. The phenomenon of clown buskers that is rampant in urban areas of Rokan Hulu is considered to disturb public order and endanger the safety of road users, so it has become a concern for the local government. This study uses a qualitative approach with a descriptive method. Data collection techniques were carried out through in-depth interviews with Satpol PP officers, clown buskers, and the local community, as well as documentation of related policies. The results of the study show that the implementation of the Regional Regulation has not been optimal. The obstacles faced include limited human resources in the regional regulation enforcement officers, less than optimal socialization to the community, and economic factors that encourage clown busking activities to continue. In addition, there are no alternative solutions from the government for buskers to switch professions properly. In conclusion, although normatively Regional Regulation Number 2 of 2022 has regulated the prohibition of activities that disturb public order, its implementation still requires strengthening in the aspects of supervision, enforcement, and social empowerment. The recommendation from this study is the need for synergy between local governments, law enforcement officers, and social institutions in controlling clown buskers while providing sustainable economic solutions.
Implementation; Regional Regulation; Clown Buskers
The Effectiveness of the Implementation of Administrative Sanctions in Consumer Dispute Resolution in the E-Commerce Era under the Consumer Protection Law
The evolution of e-commerce due to digital transformation has introduced new issues in consumer protection, particularly concerning the efficacy of administrative penalties against digital enterprises. The primary issue in this study pertains to the ineffectiveness of administrative sanctions as stipulated in Law Number 8 of 1999 regarding Consumer Protection (UUPK), which remains anchored in the conventional transaction paradigm and has not adequately addressed cross-border and anonymous e-commerce practices. The objective of this research is to conduct a legal analysis of the efficacy of examine administrative punishments within the digital consumer protection framework, highlight normative and institutional obstacles to its execution, and propose alternative legislative changes for responsiveness. The methodology used is normative legal research using a regulatory and conceptual framework, supplemented by a study of secondary literature. The study's findings suggest the need to revise legislative regulations and enhance institutions by creating a digital oversight authority and developing a technology-driven integrated supervisory system. This change is crucial for guaranteeing legal stability and robust protection for consumers in the digital commerce age.
E-Commerce; Digital Consumer Protection; Administrative Sanctions.
Analisis Normatif terhadap Dampak Pukat Harimau bagi Kelestarian Lingkungan
Large nets pulled on the seabed with the help of ships that function to catch fish in large quantities, but trawl nets hurt the sustainability of marine ecosystems, especially coral reefs. This study is a type of normative research. Data were obtained from laws and regulations and literature related to the object of research. The data obtained were analyzed using qualitative descriptive methods. The results of the study showed that Law No. 45 of 2009 concerning Fisheries has normatively prohibited the use of trawls; sanctions for fishermen who use trawls can be in the form of administrative sanctions, criminal sanctions, and fines. Likewise, the Regulation of the Minister of Marine Affairs and Fisheries Number 2 / PERMEN-KP / 2015 regulates the subject of the prohibition of the use of trawls because of the many losses caused by the use of trawls (trawl nets), namely damage to coral reefs, non-selective fishing, affecting fish populations, disruption of marine ecosystem habitats, increasing marine pollution, and shrinking marine natural resources. So, it is necessary to pay attention to ethical norms and the principle of legal justice in utilizing resources, especially fish, so as not to damage the marine ecosystem.
Normative Analysis; Tiger Trawl; Environmental Sustainability
Eksistensi Notaris pada Pendirian Perseroan Perorangan dalam Sistem Hukum Positif di Indonesia
The purpose of this research is to analyze the legal certainty of the regulations regarding Individual Companies presented through the Job Creation Law and how the role of Notaries is missing in the process of establishing them. By using normative juridical research, this research is prescriptive, namely to answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various opinions of legal experts, to obtain answers from issues raised. The research results show that; First, several regulations related to Individual Companies and their establishment do not yet provide legal certainty for the public. This is because the existence of the individual company legal entity has obscured the contractual principles that are applicable to limited liability companies. Thus, the existence of an Individual Company which is only established by 1 (one) person without an agreement is not under the principles that have been adhered to in the establishment of Limited Liability Companies. Second, a Notary does not have the authority to establish an Individual Company because this legal entity can be established with a Statement of Establishment made in Indonesian. However, suppose it is related to other Notary obligations. In that case, the Notary can still have a role as a legal advisor regarding the establishment of a Private Company if requested by the person concerned.
Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-sa/4.0
Pendaftaran Tanah Sebagai Aset Pemerintah yang Dipergunakan untuk Sekolah (Studi Kasus MAN 2 Kota Padang Panjang)
The land for the MAN 2 School in Padang Panjang City as a Government Asset has not yet had all its land certificates registered. Based on this, the problem formulation in this thesis is How to acquire MAN 2 Padang Panjang City school land as a government asset (Ministry of Religion), How is the process of registering MAN 2 Padang Panjang City land as a government asset (Ministry of Religion). This type of research can be classified as empirical juridical research. The results of the research and discussion show that the acquisition of land for the MAN 2 Padang Panjang City School based on documentary evidence owned by Man 2 Padang Panjang City was through a Use Rights Agreement made in 1967 and some through a sale and purchase process. However, the next generation of land owners with the Right to Use did not recognize the letter so that the school could not use the letters as proof and the basis for rights and land registration originating from buying and selling did not have complete conditions so that the implementation of school land registration as a Government Aset (ministry of religion) at BPN Tanah Datar Regency.
Land Registration School land Goverment Assests
Eksistensi Pengadilan Perikanan dalam Mengadili Perkara Tindak Pidana Perikanan di Indonesia
As long as a fisheries court other than the fisheries court has not been established, criminal cases in the fisheries sector that occur outside the jurisdiction of the fisheries court will still be examined, tried and decided by the competent district court. Such provisions create a dualism in the legal regime, namely the legal regime of the district court and the regime fisheries court law. With the examination of criminal acts in the fisheries sector carried out by the fisheries courts and district courts, there is dualism and legal uncertainty in the handling of fisheries crimes. Several formal laws are specifically regulated in the Fisheries Law, namely the existence of Ad Hoc Judges, Trials without the Presence of the Defendant (In Absentia), Periods of Court Decisions, Determinations and Detention Periods by Judges and Registrars. Fisheries Courts that have been established have made a major contribution in law enforcement, all established fisheries courts have issued several decisions on fisheries cases. The implementation of administrative sanctions in the implementation of the Job Creation Law also affects the existence of fisheries courts in adjudicating fisheries criminal cases. For fisheries crimes committed in the ZEEI region by foreign vessels, the criminal sanctions contained in the Fisheries Law are still applie
Pelaksanaan Perjanjian Pengelolaan Pertanian Pada Masyarakat Adat Kampar
Agricultural land has a social function whose benefits are very helpful to improve the welfare of the community in order to realize social justice. Land exploitation agreements with production sharing are regulated in customary law based on an agreement between the landowner and the tenant farmer in return for the results agreed by both parties. In its development, the production sharing agreement is regulated through Law Number 2 of 1960 Concerning Production Sharing Agreements. In the Kampar Regency area, which has indigenous peoples and still upholds life based on customs or still maintains local wisdom. Access to agricultural management is an important aspect for indigenous peoples, especially for indigenous groups that are still dependent on natural resources. In managing agricultural land, indigenous peoples in Kampar Regency, one of which is carried out by cooperating in agricultural land management between fellow indigenous peoples. The urgency of this writing is to see the implementation of agricultural management agreements in indigenous peoples in Kampar Regency. The results of this study are that not all indigenous peoples carry out agricultural land management agreements, agricultural management agreements are carried out because the majority of the population works as farmers, but not all people have land for farming. Agreements are made in writing for agricultural management. Obstacles to the Implementation of profit- sharing agreements in the indigenous people of Kampar Regency include when implementing the Harvest, the cultivator does not share the results in accordance with the agreement. Discrepancies in understanding between indigenous peoples are cultivators and indigenous peoples as landowners. The lack of understanding of indigenous peoples regarding agricultural profit-sharing arrangements and tenurial conflicts that still occur in Kampar have also become obstacles in the implementation of agricultural land management agreements in Kampar indigenous peoples.
Analisis Normatif: Kerugian yang Ditimbulkan oleh Penggunaan Alat Tangkap Ikan Pukat Harimau terhadap Kelestarian Lingkungan
Good management of regional assets is also key in improving financial capabilities and services to the community. The legal basis for regional asset management is regulated in Government Regulation Number 27 of 2014, which emphasizes the importance of administrative, physical and legal security for regional property. Thus, regional heads have a big responsibility in managing regional assets to avoid disputes and maximize the potential of assets as regional wealth. Management of regional assets, especially land, often faces various challenges, including unclear ownership status, lack of adequate documentation, and protracted legal conflicts. This study aims to identify the factors that cause disputes over regional land assets and evaluate the effectiveness of administration and control carried out by the regional government. In this research we will examine the problems of administering and controlling regionally owned land which is the object of dispute in court (goods management study belonging to a region in the province of Riau, the type of research used is research in the form of an empirical study which is to find theories regarding the process of occurrence and operation of law in society which finds facts according to what happened as they are, the conclusion of this research is Problematics The administration and control of BMD in Riau Province is caused by a lack of commitment from the relevant institutions and the high interest of third parties who have bad intentions, which often results in disputes in court. Although the courts generally uphold the rights of the Riau Provincial Government, this problem still affects the recording and reporting of regional assets
Politik Hukum dalam Reformasi Regulasi di Indonesia: (Antara Kepentingan Politik dan Kepentingan Elit)
Regulatory reform in Indonesia has become an important effort to simplify overlapping regulations and support economic growth. However, this policy is often questioned as to whether it prioritizes the interests of political and economic elites over the interests of the broader public. This article aims to analyze the role of legal politics in regulatory reform, focusing on how decision-making in policy formation is influenced by certain interests. The method used in this paper is a literature review and qualitative analysis of the existing legal political dynamics. The main findings indicate that legal politics often creates an imbalance between the interests of elites and the public, potentially undermining social justice in the regulatory process. Regulatory reforms aimed at accelerating economic development may, in fact, worsen social inequalities and strengthen the dominance of certain groups. The impact of this imbalance is the potential decline in social legitimacy of the policies enacted, as well as the emergence of distrust in the existing legal system. Therefore, it is crucial to consider aspects of social justice and transparency in every step of legal reform taken by the government to ensure that the policies generated can create inclusive and sustainable development.
Legal politics Regulatory reform Social justice
Penyelesaian Hukum terhadap Perbuatan Melawan Hukum pada Jasa Konstruksi di Indonesia
The implementation of construction work is carried out based on a construction work contract that has been previously agreed upon. The implementation and supervision of construction work, as stated in Article 28 paragraph 1 of Government Regulation Number 29 of 2000 concerning the Implementation of Construction Services, include physical implementation, supervision, testing, and final handover of the work results. The final results of the work encompass the stages of work results, handover results, initial handover results, and final handover results, which must meet the criteria of cost efficiency, quality standards, and timely completion. Numerous cases arise in the final handover of construction work where the building fails to function, either wholly or partially, in terms of technical aspects, utility, safety, and occupational health, or public safety. These failures are often due to the fault of the Service Provider (Developer), referred to as Construction Work Failures and Building Failures. The purpose of this research is to analyze the legal resolution of unlawful acts in construction services in Indonesia and the legal consequences of resolving unlawful acts in construction services in Indonesia. The method employed is sociological legal research. Based on the research findings, the resolution of unlawful acts in construction services in Indonesia should hold the service providers or developers—whether individuals or legal entities—accountable for any construction work and building failures. Construction work and building failures are often associated with parties choosing measures to protect and safeguard their personnel involved rather than addressing the underlying issues. Natural conditions are frequently blamed for construction failures to cover up human negligence and carelessness, which should be held accountable. Disputes arising from construction work and building failures in a build-operate agreement between construction service providers and users can be resolved through formal processes, such as adjudication, including court proceedings and arbitration, or informal processes based on the agreement of the disputing parties through negotiation and mediation. The legal consequences of resolving unlawful acts in construction services in Indonesia indicate that losses incurred due to unlawful acts entitle the victims to demand compensation from the perpetrators through legal claims. Specifically, for unlawful acts resulting from construction failures, court rulings often oblige the responsible parties to compensate for the losses, either by restoring the damaged building or providing monetary compensation.
Akibat Hukum Wanprestasi dalam Perjanjian Jual Beli Perangkat Lunak Microsoft
The buying and selling relationship between consumers and business actors presents an engagement that results in an agreement in which both parties have a dispute which can be called performance on the agreement so as not to give rise to a dispute which can be called a dispute of default or broken promise. For example, the case between PT. Asaba Computer Center and PT. Eduspec Indonesia with a breach of contract dispute regarding the sale and purchase of software with the issuance of the East Jakarta District Court decision Number 361/PDT.G/2019/PN.Jkt.Tim. Decision on the lawsuit filed by PT. Asaba Computer Center regarding default or broken promises made by PT. Eduspec Indonesia, consumers who have made purchase orders to business actors who have agreed on the agreement that has been made, as well as the total costs and payment terms to complete all payments that have been agreed upon in the agreement that has been made, but the consumer consciously does not carry out the agreement that has been made. agreed or broken promises regarding the agreement. So the East Jakarta district court issued a decision declaring a breach of contract or broken promise to consumers.
Efektifitas Penerapan Tanggung Jawab Sosial Lingkungan
Social and Environmental Responsibility is a form of company commitment in supporting sustainable development by considering social, economic, and environmental aspects. As one of the State-Owned Enterprises, it has implemented a pattern as part of a sustainable business strategy. This study aims to analyze the effectiveness of the implementation of social and environmental responsibility carried out by PTPN VI Jambi in economic, environmental, and legal and governance aspects. In the economic aspect, TJSL PTPN VI focuses on improving community welfare through Small and Medium Enterprises empowerment programs and increasing access to education and health. From the environmental side, the company implements policies that are oriented towards sustainability, such as reforestation programs, waste management, and carbon emission reduction. Meanwhile, in the legal and governance aspects, PTPN VI ensures compliance with applicable regulations, transparency in reporting, and strict program evaluation. The results of the analysis show that the TJSL program that has been implemented has had a positive impact on the surrounding community, increased environmental awareness, and strengthened more accountable corporate governance. With transparent reporting and wide accessibility of information, TJSL PTPN VI can be an effective implementation model for other companies in carrying out their social responsibilities.