Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Legal Reasoning in Resolving Family and Inheritance Cases: A Theoretical and Practical Analysis

2026-01-02T15:10:26+08:00

Ideally, legal reasoning in family and inheritance cases should be guided by clear, consistent, and harmonized principles across the legal system. However, in reality, disputes often arise within a complex landscape involving overlapping norms, diverse interpretations, and variations in judicial practice. This research aims to analyze both the theoretical foundations and practical applications of legal reasoning used by judges and legal practitioners in resolving family and inheritance cases. Using a qualitative methodology, the study relies on doctrinal analysis, case studies, and comparative review of judicial decisions to understand how legal arguments are constructed and applied in real court settings. The findings show that although legal theory provides structured guidance, the resolution of family and inheritance disputes is largely influenced by contextual considerations such as cultural values, the coexistence of multiple legal systems, and the discretionary reasoning of judges. This dynamic interaction often leads to outcomes that balance normative frameworks with pragmatic socio-cultural realities.

The Legal Construction of Guardianship in Relation to the Temporary Suspension of Notaries: An Analysis of Article 9 Paragraph (1) Letter b of Law Number 2 of 2014

2026-01-04T14:33:55+08:00

Ideally, the regulation of guardianship in Article 9 paragraph (1) letter b of Law Number 2 of 2014 concerning the Position of Notaries is designed to ensure that notaries possess adequate mental and professional capacity before performing their duties or being temporarily suspended. However, in reality, a normative gap exists: the definition of guardianship still relies on classical civil law, independent medical verification guidelines are absent, and administrative procedures are often subjective, risking violations of administrative justice principles. This study aims to analyze the legal construction of guardianship and to formulate a new interpretative model that integrates legal perspectives, administrative practices, and evidence-based decision medical verification. The study employs a qualitative library research methodology. Primary sources include the Notary Law, Civil Code, and legal doctrines, while secondary sources consist of scientific journals, policy reports, and contemporary psychiatric literature. Data analysis was conducted through content analysis and comparative methods, validated using literature triangulation. The findings suggest that guardianship should be assessed based on contextual functional capacity rather than normative status, allowing temporary suspension to be applied fairly, proportionally, and based on evidence, thereby enhancing the legitimacy of the Notary Law and protecting the notary profession.

Copyright Infringement in Indonesia: Applicable Sanctions and Legal Procedures

2026-01-05T08:23:10+08:00

Ideally, copyright, as part of intellectual property rights, should receive full protection from the state through firm and effective legal instruments. Law Number 28 of 2014 concerning Copyright provides a clear legal framework to ensure such protection. However, in reality, copyright infringement remains widespread in Indonesia, taking forms such as piracy, unauthorized use, and illegal distribution through digital platforms. This condition highlights a gap between the ideal legal norms and their implementation in practice. This study aims to analyze the sanctions and legal processes applicable to copyright infringement in Indonesia and evaluate the effectiveness of their implementation based on the existing laws and regulations. The methodology used in this research is a normative juridical approach, with primary data sources consisting of statutory regulations, academic literature, and relevant court decisions. The findings indicate that although Indonesia has relatively comprehensive regulations on copyright, the implementation of sanctions and legal procedures still faces obstacles, such as weak law enforcement, low public awareness, and the challenges of digitalization that facilitate the rapid spread of infringement. Therefore, a synergistic effort among policymakers, law enforcement authorities, and society is needed to build an effective and adaptive copyright protection system in response to contemporary developments.

The Influence of Digital Payment on Generation Z Consumer Behavior in the Karang Taruna Community of the Jagakarsa Area, South Jakarta

2026-01-06T08:33:24+08:00

Ideally, digital payment is utilized as an efficient, secure, and rational transaction instrument to support economic activities, particularly among Generation Z, who are widely recognized for their adaptability to digital technology. However, in practice, the ease and intensity of digital payment usage may influence consumer behavior, including increased transaction frequency and changes in consumers’ decision-making patterns. This study aims to examine the effect of digital payment on the consumer behavior of Generation Z within the Karang Taruna community in the Jagakarsa area, South Jakarta. This study employs a field research design with a quantitative approach using a survey method. Primary data were collected through structured questionnaires distributed to 69 Generation Z respondents, while secondary data were obtained from relevant scholarly literature. Data analysis was conducted using validity and reliability tests, classical assumption tests, simple linear regression analysis, and t-tests. The findings indicate that digital payment has a positive and significant effect on the consumer behavior of Generation Z. These results suggest that digital payment functions not merely as a transactional tool but also as a factor that shapes consumption patterns and behavioral dynamics within a social community context.

Normative Construction and Practical Implications of Industrial Design Disputes: A Juridical Analysis of the Geprek Bensu Case

2026-01-09T09:13:08+08:00

Ideally, legal protection for industrial designs in Indonesia consistently adheres to the first-to-file principle, in which the party who first registers their design lawfully and in good faith is entitled to exclusive legal protection. However, in reality, complex disputes arise—as seen in the Geprek Bensu case—where claims over design ownership involve interpretations that touch upon morality, business reputation, and the applicant’s intent. This study aims to analyze the normative construction and practical implications of court decisions in the industrial design dispute between PT Ayam Geprek Benny Sujono and Ruben Onsu, with an emphasis on how the first-to-file principle is applied and interpreted in Indonesian legal practice. The method used in this research is normative legal research with a qualitative-descriptive approach, based on library research of relevant laws, court rulings, and legal literature. The findings indicate that, from a juridical perspective, the Supreme Court firmly upheld the first-to-file principle as stipulated in Article 12 of Law No. 31 of 2000, and rejected claims submitted without novelty and good faith. Normatively, the ruling forms a legal construction that clarifies the standards for industrial design registration and has practical implications by encouraging business actors, particularly MSMEs, to be more proactive in registering their designs lawfully and with integrity to obtain strong legal protection.

Determinant Factors of Educational Insurance Demand among Parents in North Padang Lawas Regency

2026-01-16T07:50:33+08:00

This study aims to analyze the effects of parents’ income, consumer behavior, long-term planning preferences, perceived benefits of education insurance, and social environment on the demand for education insurance. The research adopts a quantitative approach using a survey method involving 100 respondents who are parents of school-aged children. Data were collected through Likert-scale questionnaires and analyzed using multiple linear regression with the assistance of SPSS. The partial test (t-test) results indicate that all independent variables have a positive and significant effect on the demand for education insurance. Parents’ income shows a t-value of 9.792 with a regression coefficient of 0.329 and a significance level of 0.000. Consumer behavior has a significant effect with a t-value of 4.737, a coefficient of 0.199, and a significance level of 0.000. Long-term planning preferences also demonstrate a significant effect with a t-value of 4.253, a coefficient of 0.329, and a significance level of 0.000. The perceived benefits of education insurance emerge as the most dominant variable, with a standardized beta coefficient of 0.675, a t-value of 6.422, and a significance level of 0.000. Meanwhile, the social environment has a significant effect with a t-value of 2.965, a coefficient of 0.033, and a significance level of 0.000. Simultaneously, the F-test results show an F-value of 24.614, which is greater than the F-table value of 2.31, with a significance level of 0.000, indicating that all independent variables jointly have a significant effect on the demand for education insurance. These findings suggest that the demand for education insurance is influenced by a combination of economic factors, consumer behavior, perceived benefits, long-term planning orientation, and social environment. Therefore, improving financial literacy and conducting comprehensive dissemination of the benefits of education insurance are essential to enhance public demand for education insurance.

Artificial Intelligence and Criminal Liability: Reassessing Mens Rea in the Indonesian and Global Contexts

2026-01-16T08:02:45+08:00

Ideally, criminal law ensures legal certainty and justice through the concept of mens rea, which links the offender’s mental fault to the criminal act. In reality, however, the rapid development of artificial intelligence demonstrates that AI systems may cause harmful consequences without intent, awareness, or volition comparable to those of humans, thereby challenging the anthropocentric framework of mens rea. This condition gives rise to a responsibility gap, particularly in Indonesia, where comprehensive legal regulation on AI remains limited. This study aims to re-examine the concept of mens rea in criminal law by assessing its relevance to the use of AI in both global and Indonesian contexts, while exploring the possibility of reconstructing a more adaptive model of criminal liability. This article employs library-based research with a qualitative normative approach, analyzing statutory regulations, doctrines of modern criminal law, and literature on Islamic law. The findings indicate that mens rea is not abandoned but requires reconstruction through systemic, risk-based approaches and corporate criminal liability, which are consistent with the principle of maslahah and harm prevention in Islamic law, in order to safeguard substantive justice in the digital era.

Law Enforcement against Cyberbullying Crimes: A Juridical Review of the Protection of the Transgender Community

2026-01-27T13:24:40+08:00

Ideally, the law functions as an instrument to protect all citizens from various forms of violence, including violence occurring in digital spaces. In reality, however, cyberbullying targeting transgender communities continues to occur and has not been effectively addressed through law enforcement mechanisms. Although Indonesia has established a legal framework through the Electronic Information and Transactions Law and related regulations, the implementation of these norms still faces significant normative and structural challenges. This study aims to analyze the legal enforcement of cyberbullying cases targeting transgender communities and to identify factors affecting the effectiveness of legal protection for victims. This research employs a library-based qualitative approach using a normative juridical method, incorporating statutory, conceptual, and case approaches. The findings reveal that law enforcement against cyberbullying remains largely formalistic and has not fully prioritized victim protection, particularly for vulnerable groups. Moreover, weaknesses in legal structure and legal culture further hinder effective enforcement. Therefore, strengthening law enforcement through a human rights–based perspective is essential to ensure that the law delivers substantive justice within increasingly complex digital environments.

Aligning the Non-Taxable Income Threshold with Inflation: A Legal Justice Theory Perspective

2026-01-30T11:29:23+08:00

Ideally, the policy on Non-Taxable Income (Penghasilan Tidak Kena Pajak/PTKP) functions as an instrument for minimum economic protection and reflects fiscal justice within the taxation system. However, in reality, the current PTKP threshold has not been adequately aligned with inflationary dynamics and the declining purchasing power of taxpayers, thereby generating substantive injustice, particularly for low- and middle-income groups. This study aims to analyze the urgency of adjusting the PTKP threshold in response to inflation from the perspective of Gustav Radbruch’s theory of legal justice. The research employs a qualitative normative legal method based on library research, utilizing statutory analysis, conceptual approaches, and legal-philosophical inquiry. Primary sources include tax legislation and related regulations, while secondary sources consist of scholarly literature in law and economics. The findings indicate that an inflexible PTKP policy prioritizes legal certainty over justice and utility, resulting in a distortion of the redistributive and welfare-oriented functions of taxation. Consequently, this study argues that periodic and inflation-responsive adjustments to PTKP are essential to achieving substantive legal justice and reinforcing the constitutional mandate of social welfare under the 1945 Constitution of Indonesia.

Participatory Democracy and the Legal Politics of Local Legislation: The Constitutional Role of Regional Legislatures in Adaptive and Responsive Governance

2026-01-31T12:18:09+08:00

Ideally, participatory democracy positions citizens as active subjects in the formation of regional regulations through the representative role of the Regional People’s Representative Council (DPRD) as a local legislative body. In practice, however, public participation in regional law-making remains largely procedural, elitist, and insufficiently influential on the substantive orientation of regional legal politics. This condition creates a gap between the normative ideals of local democracy and the empirical reality of adaptive and responsive local governance. This study aims to analyze the constitutional role of the DPRD within the political framework of regional legislation and to assess the extent to which the institutionalization of public participation contributes to the quality of regional regulations. This article employs normative legal research using a qualitative approach, combining the statute approach and the conceptual approach. The data are derived from primary and secondary legal materials and analyzed through descriptive-analytical methods. The findings demonstrate that strengthening the deliberative function of the DPRD and embedding substantive public participation mechanisms are essential to producing legitimate, adaptive, and socially responsive regional legislation in a dynamic democratic context.

Analysis of Offline Marketing Challenges in the Era of Digitalization among Micro, Small, and Medium Enterprises; A Case Study of Warung Bakso A Rohim

2026-02-05T18:51:41+08:00

Ideally, Micro, Small, and Medium Enterprises (MSMEs) are expected to leverage marketing digitalization to expand market reach, enhance product visibility, and strengthen business competitiveness. In reality, however, many MSMEs continue to rely heavily on offline marketing strategies and encounter substantial barriers in adopting digital marketing practices effectively. This condition is evident in Warung Bakso A Rohim, a culinary MSME located in Medan City, which maintains conventional marketing practices amid the rapidly evolving digital marketing landscape. This study aims to analyze the challenges of offline marketing faced by MSMEs in the era of digitalization and to identify the factors influencing their marketing adaptation process. The research employs a field-based qualitative approach using a case study methodology, with data collected through in-depth interviews, direct observation, and documentation. The findings reveal that the persistence of offline marketing is driven by strong social relationships with local customers, limited digital literacy, constraints in human resources, and the absence of integrated online marketing within long-term business planning. These results indicate that MSME marketing transformation should be understood as an adaptive and gradual integration process between offline and digital strategies rather than a complete technological shift.

Recognition of Child Placement Periods in LPKS as Part of Detention: Regulatory Disharmony and the Need for Legal Reconstruction

2026-02-06T12:45:19+08:00

Ideally, every form of deprivation of liberty for children in conflict with the law, whether through detention in LPAS or placement in LPKS, should receive equal recognition within the framework of criminal procedure law. This principle aligns with the doctrine of the best interest of the child, which requires fair and consistent treatment standards across Indonesia. However, practice shows a lack of uniformity. Some law enforcement officers recognize placement in LPKS as part of detention, while others do not, due to the absence of explicit provisions in Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA). This situation creates legal uncertainty and double harm for children, both juridically and psychologically. This study aims to analyze the urgency of recognizing the period of placement in LPKS as part of detention by highlighting the disharmony between regulations and practice, while also offering regulatory reconstruction to ensure legal certainty. The methodology employed is library research with a qualitative approach, using a normative legal study with a descriptive-analytical method. The findings reveal a legal vacuum concerning the status of placement in LPKS, which has led to disharmony in various regions. Regulatory reconstruction is therefore necessary so that the placement period is recognized as part of detention, thereby ensuring the protection of children’s rights, guaranteeing legal certainty, and fulfilling the primary objectives of the SPPA, namely rehabilitation and child protection.

The Legal Politics of Protecting Migrant Workers’ Human Rights: Policy Reorientation through the Revision of Law Number 18 of 2017

2026-02-08T13:36:30+08:00

Ideally, the protection of Indonesian Migrant Workers (IMWs), as mandated by the 1945 Constitution and Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law), positions the state as the primary human rights–based protector. In reality, persistent cases of violence, exploitation, human trafficking, and the failure of the zero-cost placement scheme reveal a significant gap caused by regulatory disharmony and overlapping institutional authority, particularly following the establishment of the Ministry of Indonesian Migrant Workers Protection (KP2MI). This study addresses the research gap (novelty) by examining the PPMI Law through a political law perspective that integrates human rights principles, institutional transformation of KP2MI–BP2MI, and comparative best practices from the Philippines. This research employs normative legal research using statutory, conceptual, and comparative approaches. The findings indicate that although the PPMI Law is normatively responsive, its implementation is weakened by the regulator–operator dilemma, inadequate supervision of private placement agencies, and limited responsiveness to emerging challenges such as online scamming and non-procedural migrant workers. This study recommends a revision of the PPMI Law to reaffirm institutional authority, strengthen substantive human rights protection, and adopt state-centered progressive protection models.

Democratic Legitimacy of Regional Head Elections by the DPRD from a Constitutional Perspective

2026-02-12T19:26:16+08:00

Ideally, the selection of regional heads as part of the regional government system should reflect the principle of popular sovereignty and democratic legitimacy as mandated by the 1945 Constitution of the Republic of Indonesia. In reality, however, the election of regional heads by the Regional People’s Representative Council (DPRD) often generates debate regarding its democratic legitimacy, particularly due to limited direct public participation, the dominance of political elites, and transactional political practices that may undermine public trust. This situation raises constitutional questions regarding the extent to which elections conducted by the DPRD can be democratically justified. This study aims to analyze the democratic legitimacy of regional head elections by the DPRD from a constitutional perspective, especially in relation to the principle of popular sovereignty and Article 18 paragraph (4) of the 1945 Constitution. The research employs a library-based qualitative approach using a normative juridical method. The analysis focuses on constitutional norms, statutory regulations, legal doctrines, and relevant Constitutional Court decisions. The findings indicate that normatively, the election of regional heads by the DPRD possesses democratic legitimacy as a form of representative democracy. However, substantively, such legitimacy depends on strengthening accountability and transparency to ensure alignment with the spirit of popular sovereignty.