PRANATA HUKUM

THE BINDING POWER OF ELECTRONIC SIGNATURES IN CIVIL AGREEMENTS: A COMPARATIVE STUDY OF THE CIVIL CODE AND ELECTRONIC INFORMATION AND TRANSACTIONS LAW

Dahlan, Anza Ronaza Bangun, Taruna Prakarsa — Thu, 31 Jul 2025 00:00:00 +0800

Advances in information technology have brought significant changes in the way people draft and agree to agreements, including through the use of electronic signatures. In the legal context in Indonesia, the existence of electronic signatures has been given legitimacy through the Electronic Information and Transactions Law (UU ITE). However, on the other hand, the conventional civil law system is still based on traditional principles regulated in the Civil Code (KUHPerdata). This study aims to examine the extent of the binding force of electronic signatures in the realm of civil agreements, while at the same time comparing the approach of the Civil Code and the provisions of the ITE Law. The research was conducted using a normative legal method, through a review of laws and comparative legal analysis. The results of the study show that although normatively the ITE Law has provided a legal standing for electronic signatures, the Civil Code has not fully adapted to the dynamics of digital law. This inequality can raise doubts in practice, especially in terms of proof and validity of contracts. For this reason, steps are needed to harmonize classical civil regulations and digital laws and regulations in order to provide legal certainty for the parties in agreements made electronically.

LEGAL PROTECTION FOR THE PARTIES AS A PREVENTIVE AFFORT AGAINST DISPUTES IN HEALTH INSURANCE CLAIMS

Denny Ardhi Wibowo, Fajar Sugianto, Sanggup Leonard Agustian — Thu, 31 Jul 2025 00:00:00 +0800

The central idea of this research is to propose an ius constituendum for legal protection of the parties involved in order to prevent disputes in health insurance claim settlements. This study is a normative legal research, employing both conceptual and statutory approaches, with the urgency of legal protection and the ius constituendum of legal protection in health insurance agreements serving as the primary legal issues. The findings reveal that the frequent occurrence of disputes, coupled with the fact that health insurance agreements are often adhesion contracts prone to abuse of circumstances, highlights the urgency of strengthening legal protection. Such protection should be enhanced particularly in the form of preventive legal measures, including regulations that prohibit unfair standard clauses in health insurance contracts and the establishment of a mandatory pre-contractual assessment before the insured signs the agreement. These elements can be regulated through Financial Services Authority Regulations (POJK).

MORAL LAW AND JUSTICE IN DRUG ABUSE REHABILITATION

Sutan Siregar, Fajar Padly, Abdul Aziz Abidan — Thu, 31 Jul 2025 00:00:00 +0800

Law as a social phenomenon is a reality of social life, or in other words, all forms of human relationships within society, whether they conform to human norms or rules of life or are prohibited, are described in law. Therefore, it can be said that what is established in law serves as a standard for governance and prohibitions in human life within society, aimed at creating a just, orderly, and prosperous life, thereby fostering a safe and happy existence. This situation can be seen specifically in the description of the national legal system, where the government of the Republic of Indonesia, since its independence, has sought to establish a national legal system to create a clean and authoritative state, so that the objectives of the Republic of Indonesia as stated in the 1945 Constitution 1945 Constitution to create a just and prosperous society, both materially and spiritually, will be achieved. The method used to analyze the problem will employ a descriptive research approach through library research and field research, utilizing data collection techniques such as interviews and document studies. Once the data is collected, it will be tested using deductive and inductive testing techniques. From the data generated in the research, it is evident that the factors causing criminal acts are to assist in committing criminal acts to obtain rewards in the form of goods or objects and/or destruction due to the intimate relationship with the perpetrator and/or revenge against the victim.

STRENGTHENING THE LAW OF LAMPUNG LANGUAGE IN THE DIGITAL ERA: A STUDY OF THE DEPARTMENT OF EDUCATION AND CULTURE OF LAMPUNG PROVINCE

Devi Lestari, Muhtadi, Yusdianto, Agus Triyono — Thu, 31 Jul 2025 00:00:00 +0800

Regional languages are an important part of cultural identity and objects of constitutional protection as regulated in Article 32 paragraph (2) of the 1945 Constitution. This study aims to analyze the challenges faced by the Lampung provincial government in efforts to preserve and strengthen the Lampung language in the digital era. The problem is studied how the government deals with social and technological dynamics in maintaining the existence of the Lampung language, especially through regional policies in the field of education. This study uses an empirical method. This study also uses the theory of Legal Politics and Regional Autonomy Theory. This theory is used to analyze the direction of the Lampung provincial government's legal policy and regional authority in strengthening the Lampung language as part of cultural affairs in the digital era. The results of the study show that the implementation of the Lampung language preservation policy still faces challenges, including limited digital learning media, minimal teaching staff, and minimal interest from the younger generation.

REINTERPRETING MUHAMMAD ABU ZAHRAH’S THOUGHT IN THE CONTEXT OF CONTEMPORARY ISLAMIC LAW

Hendriyanto, Siti Nurjanah, Siti Zulaikha, Agus Hermanto — Thu, 31 Jul 2025 00:00:00 +0800

This study examines two central themes in Muhammad Abu Zahrah’s thought: the key concepts of ijtihad, maqashid al-shariah, and justice in Islamic law, and their application in contemporary contexts. These concepts underpin his legal philosophy and are particularly relevant in addressing current legal challenges, such as women's rights in inheritance. The main objective is to analyze the relevance and application of Abu Zahrah’s ideas in modern Islamic legal systems. Using a descriptive qualitative approach, the study draws on primary sources from Abu Zahrah’s writings and secondary data from current literature and scholarly journals. Data collection methods include literature review, content analysis, and comparative studies with other Islamic legal thinkers. Abu Zahrah advocates for dynamic ijtihad to address contemporary issues not explicitly regulated in classical texts, asserting that Islamic law must be adaptive and socially responsive. His ideas offer an alternative to rigid interpretations, especially in areas like family law and human rights. The study finds that Abu Zahrah’s thought provides a strong framework for developing more just, relevant, and context-sensitive Islamic legal systems in the face of globalization and legal dualism in many Muslim countries.

THE LEGAL REVIEW OF THE CAUSES OF A PERSON ASSISTING IN THE COMMISSION OF A CRIMINAL OFFENSE

Syahril, Zulkarnain Hasibuan, Ahmad Husein, Sarmadan Pohan — Thu, 31 Jul 2025 00:00:00 +0800

Law as a social phenomenon is a reality of social life, or in other words, all forms of human relationships within society, whether they conform to human norms or rules of life or are prohibited, are described in law. Therefore, it can be said that what is established in law serves as a standard for governance and prohibitions in human life within society, aimed at creating a just, orderly, and prosperous life, thereby fostering a safe and happy existence. This situation can be seen specifically in the depiction of the national legal system, where the government of the Republic of Indonesia, since its independence, has sought to establish a national legal system to create a clean and authoritative state, thereby hoping to achieve the objectives of the Republic of Indonesia as stated in the 1945 Constitution to create a just and prosperous society, both materially and spiritually. The method used to analyze the problem will employ a descriptive research approach through library research and field research, utilizing data collection techniques such as interviews and document analysis. Once the data is collected, it will be tested using deductive and inductive testing techniques. From the data generated in the research, it is evident that the factors causing criminal acts are to assist in committing criminal acts to obtain rewards in the form of goods or objects and/or destruction due to the intimate relationship with the perpetrator and/or revenge against the victim.

PARTICIPATORY MONITORING OF ELECTORAL INTEGRITY: PERSPECTIVES OF INDEPENDENT MONITORS AND CIVIL SOCIETY

Gunsu Nurmansyah, Eriyani Erman — Thu, 31 Jul 2025 00:00:00 +0800

Participatory election monitoring involves independent monitors and civil society groups overseeing elections to ensure fairness, transparency, and accountability. This process is crucial for preventing electoral fraud, including intimidation and vote-buying, while also promoting democracy. The involvement of independent monitors and civil society is critical to maintaining election integrity. Although their influence varies, these groups significantly improve transparency, deter fraud, and increase public trust in the electoral process. Their effectiveness depends on their ability to access information and influence public opinion and policymakers. Combining technology with traditional surveillance has introduced a new method for safeguarding election integrity. Therefore, this article examines the main challenges faced by independent monitors and civil society in protecting election integrity during participatory monitoring, explores policies to strengthen their involvement, and considers the role of international standards in shaping election monitoring policies.

ISRAELI–IRANIAN MISSILE TERRITORIAL VIOLATIONS IN THE AIRSPACE OF SYRIA: A REVIEW OF INTERNATIONAL LAW

Ilhamda Fattah Kaloko, Irfan Harmain, Saidil Adri, Rian Rusmana Putra — Thu, 31 Jul 2025 00:00:00 +0800

The armed conflict between Israel and Iran, involving cross-border missile launches through Syrian airspace, presents complex challenges under international law. This study analyzes the legal implications of such violations, focusing on state sovereignty, state responsibility, and the justification of force under Article 51 of the UN Charter. Using a normative juridical method, the research evaluates the effectiveness of international legal instruments such as the UN Charter, the 1944 Chicago Convention, and the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) 2001 in addressing modern aerial threats involving third-party states. The findings reveal a legal vacuum regarding the regulation of long-range missiles and armed drones, often exploited by powerful states to avoid accountability. Syria, a neutral state in the Israel-Iran conflict, has suffered civilian casualties and sovereignty violations without effective international legal remedies. Furthermore, the self-defense justifications put forward by both Israel and Iran fail to meet the criteria of necessity and proportionality and infringe upon the principle of non-intervention. The weak response from the international community exacerbated by the UN Security Council’s inaction and ICAO’s limited mandate underscores the urgent need for legal reform. This study advocates for the enhancement of international institutional mandates, the development of additional protocols on aerial warfare, and the ratification of ARSIWA to strengthen legal accountability and protect third-state airspace in armed conflict.