Jurnal HUKUM BISNIS

DISKRESI PENEGAK HUKUM DALAM PENERAPAN PREJUDICIEEL GESCHIL

2025-11-03T13:54:07+07:00

Law enforcement discretion is an essential instrument in judicial practice that provides flexibility for judges or law enforcement officials to make decisions based on juridical, moral, and propriety considerations, outside of rigid legal provisions. One of its strategic applications is in prejudicieel geschil, which is a mechanism to postpone the examination of criminal cases until there is a civil case decision that has a substantial relationship with the subject matter of the criminal case, which aims to prevent contradictions in decisions between courts. This mechanism is regulated in Supreme Court Regulation Number 1 of 1956 and Supreme Court Circular Letter Number 4 of 1980, which distinguishes two forms of prejudicieel geschil, namely question pre judicielles a l action (mandatory delay) and question prejudicielles au judgement (facultative delay). Based on normative legal research with a statute approach and conceptual approach.

Keywords: Discretion, Law Enforcement, Prejudicieel Geschil

WANPRESTASI DALAM PERJANJIAN YANG BERBASIS APLIKASI DIGITAL

2025-11-03T13:54:10+07:00

The development of digital technology has changed the pattern of agreements from conventional models to application-based systems. This transformation brings efficiency in transactions, but at the same time raises legal challenges, especially when default occurs. The problem of default in digital agreements can be in the form of late payments, inappropriate delivery of goods, adverse application technical disturbances, or neglect of obligations by service providers and consumers. These conditions raise questions about how legal protection for the parties and effective dispute resolution mechanisms in the digital realm. This research aims to examine the forms of default and examine the legal remedies available in digital application-based agreements. The method used is normative legal research with a statutory approach and a case approach.

Keywords: Agreement, Default, Digital Application

PENDAPAT HUKUM TENTANG PEMBENTUKAN “KAMPUNG RESTORATIVE JUSTICE” DI KABUPATEN

2025-11-03T13:54:11+07:00

“Kampung Restorative Justice” is a community-based initiative to resolve criminal cases through mediation and dialogue rather than punishment, aiming to restore relationships between perpetrators, victims, and the community. This approach emphasizes peaceful settlement through mutually agreed resolutions, education to raise awareness of restorative principles, and prevention by encouraging accountability and rehabilitation. Implementation typically involves community leaders or neutral mediators, active community participation, and prioritizing out-of-court settlements for minor cases such as theft, assault, or traffic violations. Despite challenges like limited public understanding, differing views among law enforcement, and lack of facilities, this initiative offers a promising pathway to create a fairer, victim-centered, and sustainable justice system at the village level.

Keywords: Restorative Justice Village, Government, Gresik

PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN JOINT VENTURE YANG BERUJUNG WANPRESTASI

2025-11-03T13:54:12+07:00

This article examines legal protection for investors in joint venture agreements that result in breach of contract. The core issue lies in the weakness of both contractual and normative instruments that can guarantee legal certainty for investors when their business partners violate the terms of the agreement. This research aims to identify the available legal protection mechanisms and the normative and practical obstacles faced by investors in asserting their rights. The approach used is normative juridical through library research. Data were obtained from legal literature, statutory regulations, and case studies, including the joint venture dispute between PT Pertamina (Persero) and Saudi Aramco. The findings indicate that the absence of specific regulations on joint ventures, the weak bargaining position of investors in contracts, and limited access to information and dispute resolution mechanisms are the main challenges to investor protection. Therefore, regulatory reform, strengthening of contractual clauses, and a more active role of the state are needed to ensure justice in business partnerships.

Keywords: investor protection, joint venture agreement, breach of contract, civil law, business disputes

KEPASTIAN HUKUM PUTUSAN BANDING ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI TATA USAHA NEGARA

2025-11-03T13:54:13+07:00

Legal certainty is one of the main principles in the rule of law system that requires every action and decision made by government administration to be based on clear, understandable law, and provides a guarantee of protection for the rights of citizens. In resolving disputes in the field of state administrative administration, one of the procedures regulated is through administrative mechanisms in the form of filing objections and administrative appeals. This study aims to examine whether an administrative appeal decision can still be pursued further legal remedies, as well as how the principle of legal certainty is realized in the process using normative research methods with a statue approach and conceptual approach. The results of the study show that administrative appeal decisions are final in the realm of government administration, so that no objection or re-appeal is possible administratively. However, this finality does not eliminate the right of individuals to file a lawsuit with the State Administrative Court (PTUN) if they feel aggrieved. The judicial route remains open as a form of judicial oversight of administrative actions.

Keywords: Legal Certainty, Administrative Appeal Decision, State Administration.

PERLINDUNGAN HUKUM BAGI TENAGA KERJA PARIWISATA DI BALI

2025-11-03T13:54:16+07:00

This scientific paper aims to discuss the legal construction and its implementation in protecting local Balinese tourism workers. Research data were collected through document studies, observations, and in-depth interviews with 8 selected informants, from tourism worker representatives, Balinese tourism business managers in Denpasar City. The collected data were analyzed descriptively by applying normative, empirical, and economic approaches. The results of the study indicate that the protection of local tourism workers is based on: Law No. 10 of 2009 concerning Tourism, (2) Law No. 21 of 2000 concerning Trade Unions, (3) Law No. 13 of 2003 concerning Manpower, (4) Bali Provincial Regulation No. 1 of 2016 concerning the Provision of Incentives and/or Facilities to the Community and/or Investors, and (5) Bali Provincial Regulation No. 5 of 2000 concerning Standards for the Implementation of Balinese Cultural Tourism. Local Balinese tourism workers have not yet fully received adequate legal protection. Although they are prioritized for recruitment as tourism workers in their local areas, some of them are outsourced workers and have not yet been made permanent staff/employees. Some of them also do not receive BBJS/Jamsostek insurance and wages according to the minimum wage. Furthermore, the tourism workers' union has not been fully able to fight for the rights of Balinese tourism workers. The Bali Provincial Government needs to mediate and provide guidance to tourism service business owners to provide legal protection and proper welfare for Balinese tourism workers.

Keywords: Legal protection, labor, tourism, Bali