Jurnal HUKUM BISNIS

PRAKTIK PENAHANAN IJAZAH DALAM HUBUNGAN KERJA: TINJAUAN HUKUM KETENAGAKERJAAN DAN PERLINDUNGAN HAK ASASI PEKERJA

2026-06-05T16:27:12+07:00

The withholding of diplomas from workers is a practice in the employment sector that currently lacks definitive provisions. Therefore, legal certainty remains a gray area. This study was conducted to provide an overview. Although there are no definitive provisions governing the withholding of diplomas by employers, disputes can still be filed through civil proceedings. This study used a normative juridical method through a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The results indicate that the withholding of diplomas by employers can cause harm in the event of a dispute, and therefore can be filed through Civil Procedure Law, specifically for Unlawful Acts. Therefore, the government, as the regulator at the ministerial level, Governor Regulations, and Mayoral/Regent Regulations, must immediately establish these regulations to ensure implementation in the field is not left in a gray area.

Keywords: withholding of diplomas, employment, gray area, rights

DINAMIKA HUKUM PERDAGANGAN DAN KETENAGAKERJAAN DALAM ERA GLOBALISASI: ANTARA INTEGRASI PASAR DAN PERLINDUNGAN PEKERJA

2026-06-05T16:27:13+07:00

Globalization has brought significant changes to various aspects of life, including trade and employment law. Global economic integration encourages countries to adapt their national legal systems to align with international standards and regulations. This article aims to analyze the impact of globalization on the transformation of trade and employment law and examine the challenges and opportunities that arise in this context. The research method used is a normative juridical approach by reviewing various literature, laws and regulations, and relevant legal concepts. The results of the study indicate that globalization encourages the harmonization of trade law through state involvement in the international trade system, particularly through the World Trade Organization, which demands the alignment of national regulations with global trade principles. The development of digital technology has also expanded the scope of trade through e-commerce, requiring new legal arrangements, including those related to data protection and electronic transactions. In the employment sector, globalization has given rise to new dynamics such as increased labor mobility and the development of the gig economy, which pose challenges in protecting workers' rights. In the Indonesian context, labor regulatory reform policies such as the Job Creation Law reflect the government's efforts to balance investment interests with labor protection. Thus, globalization presents both opportunities and challenges in the development of trade and employment law at the national and international levels.

Keywords: Globalization, Trade Law, Employment Law, International Trade, Gig Economy

KRIMINALISASI DAN DEKRIMINALISASI DALAM KUHP BARU: TELAAH NORMATIF ATAS TINDAK PIDANA TERTENTU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023

2026-06-05T16:27:16+07:00

This study normatively examines specific criminal acts that underwent substantive reformulation in Law No. 1 of 2023 on the Criminal Code (New Criminal Code), which will take full effect on January 2, 2026. The study focuses on three clusters of criminal acts that are most academically controversial: offenses against the dignity of the President and state institutions (Articles 218–220), sexual morality offenses particularly cohabitation and adultery (Articles 411 and 415), and contempt of court (Article 281). Normative legal research methodology is employed with statutory, conceptual, and case approaches (Constitutional Court Decision No. 013-022/PUU-IV/2006). Two principal normative tensions are identified: first, the tension between the harm principle as a modern criminalization principle recognized in criminal law doctrine and the legal moralism approach that characterizes several provisions of the New Criminal Code; second, the tension between the lex certa principle and provisions using overly broad formulations susceptible to abuse. The study also identifies that the article on presidential dignity presents a constitutionality problem not fully resolved by the prior Constitutional Court ruling due to differences in normative formulation.

Keywords: New Criminal Code, Criminalization, Harm Principle, Legal Moralism, Legal Certainty

MEDIASI PENAL DALAM PERKARA PIDANA HAK KEKAYAAN INTELEKTUAL SEBAGAI BENTUK KEADILAN KOREKTIF DALAM SISTEM PERADILAN PIDANA

2026-06-05T16:27:17+07:00

Law enforcement against violations of Intellectual Property Rights (IPR) in Indonesia has predominantly relied on repressive criminal sanctions. Such an approach often raises legal concerns, as IPR tes are fundamentally associated with economic interests and legal relationships between rights holders and other parties. In this context, the immediate use of criminal punishment may disregard the principle of proportionality and hinder more effective mechanisms for resolving conflicts. This study aims to analyze the legal construction of penal mediation in intellectual property crimes and to assess its relevance as a form of corrective justice within the criminal justice system. This research employs normative legal research using statutory and conceptual approaches by examining legislation, legal doctrines, and international legal instruments related to restorative justice and penal mediation. The findings indicate that both international legal developments and national regulations have provided a legal basis for the application of penal mediation as a more proportional mechanism for resolving criminal disputes. Provisions within the Copyright Law and the Patent Law even place mediation as a procedural requirement before criminal prosecution may be pursued. This demonstrates that penal mediation functions as a corrective mechanism within the criminal justice system, balancing the protection of intellectual property rights, business sustainability, and public interest. Therefore, the application of penal mediation in IPR cases should be recognized as an essential instrument to promote a more effective, proportional, and restorative approach to law enforcement.

Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium

HUKUM INTERNASIONAL SEBAGAI SISTEM HUKUM: ANALISIS HAKIKAT, KELEMAHAN, DAN PRAKTIK PENERAPANNYA DI BERBAGAI NEGARA

2026-06-05T16:27:19+07:00

International law is a set of norms and principles that govern relations between subjects of international law, primarily states and international organizations. This article aims to analyze three important aspects in the study of international law: the nature of international law as a legal system, its weaknesses, and the practice of its application in several countries. This research uses a normative juridical approach by examining various literature, expert doctrines, and the practice of applying international law in national legal systems. The results of the study indicate that international law is essentially real law and not merely positive morality. Although it lacks legislative institutions and strong coercive mechanisms like those in national legal systems, as criticized by Austin, international law still fulfills the basic elements of a legal system: the existence of governing norms, the existence of the international community as a legal subject, and the existence of enforcement mechanisms through various forms of sanctions and international pressure. However, international law also has a number of weaknesses, particularly in the aspect of law enforcement and the clarity of norms, which often give rise to differences in interpretation. In practice, the application of international law shows variation in various countries, such as the United Kingdom, the United States, and Indonesia, each of which has its own mechanism for adopting and implementing international law into its national legal system.

Keywords: International law, the nature of international law, weaknesses of international law, international legal practice, international law and national law

HAK ATAS TANAH USULAN TERTULIS YANG DIAJUKAN UNTUK MEMPEROLEH HAK ATAS SEBIDANG TANAH

2026-06-05T16:27:22+07:00

Land rights are a crucial aspect of Indonesia's agrarian legal system because they directly relate to the utilization of natural resources and provide legal certainty for the community. Regulations regarding land rights in Indonesia are primarily based on the Basic Agrarian Law, which serves as the legal basis for land control, ownership, and use. This article aims to examine the types of land rights and the mechanisms for acquiring land rights through written proposals submitted to the authorities. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that land rights regulated in Indonesia's agrarian legal system consist of permanent rights and temporary rights. Permanent rights include ownership rights, land use rights, building use rights, use rights, lease rights, land clearing rights, and forest product collection rights as stipulated in Article 16 of the UUPA. In addition, there are also temporary rights such as mortgage rights, profit-sharing business rights, easement rights, and agricultural land lease rights as stipulated in Article 53 of the UUPA. Thus, regulations regarding land rights provide a clear legal framework for individuals and legal entities to acquire and utilize land in accordance with applicable laws and regulations.

Keywords: Land rights, agrarian law, UUPA, acquisition of land rights, Indonesian land law