Jurnal Kajian Ilmu Hukum

Legal Certainty in the Transformation of Land Sale Agreements into Debt Relationships

Depi Shinta Uli Sembiring — 2026-01-01

This study examines the legal implications of transforming a land sale and purchase agreement into a debt relationship through a court-ratified settlement deed, viewed from the perspective of legal certainty. The purpose of this research is to analyze the legal validity of such transformation, assess the extent to which legal certainty is upheld, and evaluate the protection afforded to the parties, particularly the seller and their heirs. This research employs a normative legal research method using statutory, case, and conceptual approaches. Primary and secondary legal materials were analyzed descriptively and analytically by applying the theory of legal certainty proposed by Satjipto Rahardjo and the theory of justice developed by John Rawls. The findings indicate that the transformation of the land sale agreement into a debt agreement through a settlement deed lacks substantive validity, as it does not fulfill the legal requirements of novation under Article 1413 of the Indonesian Civil Code. Although the settlement deed provides formal legal certainty through judicial endorsement, it fails to ensure substantive legal certainty and equitable legal protection, resulting in prolonged legal disputes and legal ambiguity for the parties involved. The originality of this research lies in its critical examination of court-sanctioned settlement deeds that alter the substance of authentic land sale agreements without prior annulment, highlighting the tension between formal legal certainty and substantive justice in Indonesian contract law.

Reconceptualization of the Role of Religious Courts in Resolving Sharia Economic Disputes Following the Legal Reform of the Judicial System

Abd Warits — 2026-01-10

This study aims to analyze the scope and implementation of the authority of the Religious Court in resolving Islamic economic disputes following the enactment of Law No. 3 of 2006. The research focuses on a case study at the Sumenep Religious Court, which has jurisdiction over disputes involving Islamic financial institutions, including Islamic banking, Islamic financing, and Islamic insurance. This study employs a qualitative socio-legal research method that integrates normative legal analysis with empirical data. Data were collected through in-depth interviews with judges and court officials, direct observation of court proceedings, and examination of relevant legal documents and court decisions.The findings indicate that the Religious Court possesses absolute authority to examine, adjudicate, and resolve Islamic economic disputes as stipulated in Article 49 of Law No. 3 of 2006. The implementation of this authority at the Sumenep Religious Court has been concretely realized through several court decisions addressing disputes between Islamic financial institutions and their customers. These decisions demonstrate the court’s increasing role and capacity in handling complex Islamic economic cases in accordance with sharia principles and national law. The originality of this research lies in its empirical focus on the practical application of the Religious Court’s authority at the regional level, providing new insights into how statutory mandates are operationalized in resolving Islamic economic disputes.

Mens Rea and Juvenile Criminal Liability in Infanticide Cases: A Comparative Analysis of Indonesian Criminal Law and Fiqh Jinayat

Bagus Wibowo — 2026-01-12

This study examines the role of mens rea as the core determinant of criminal responsibility in Indonesian criminal law through an analysis of Decision No. 3/Pid.Sus-Anak/2019/PN Gpr concerning juvenile infanticide. Although mens rea is not explicitly formulated in the Indonesian Penal Code (KUHP), Indonesian courts continue to rely on fault-based liability grounded in the principle of geen straf zonder schuld. Employing a qualitative doctrinal and socio-legal approach, this research analyzes judicial reasoning, doctrinal interpretations, and medical evidence to assess how intent, negligence, and causality are constructed in cases involving vulnerable offenders.The findings demonstrate that the court rejected a consequence-based model of liability by prioritizing the defendant’s subjective mental condition, age, and situational context. The judgment reflects a dualistic doctrinal framework that separates the existence of a criminal act from the attribution of criminal responsibility and applies the doctrine of adequate causation to exclude liability where death is predominantly caused by medical factors. Comparative analysis with English, German, and Islamic criminal law further confirms the convergence toward fault-based liability and the rejection of strict liability in juvenile justice. This study contributes to global debates on juvenile criminal responsibility by offering a doctrinally grounded and child-centered model of criminal attribution that emphasizes proportionality, moral blameworthiness, and substantive justice.

Implementation of Household Waste Management Policy: A Siyasah Tanfidziyah Analysis of Local Government Regulation

Akbar Rizki Wahyu Pradana Madan Saputra — 2026-01-31

This study examines the implementation of household and household-like waste management policies from the perspective of Siyasah Tanfidziyah, focusing on the exercise of governmental authority in policy execution. The research aims to analyze how local governments implement waste management regulations and to assess their alignment with Islamic principles of governance oriented toward public welfare (maslahah). This study employs field research with a qualitative descriptive approach. Primary data were obtained through interviews and documentation at the local Environmental Service, while secondary data were collected from relevant books, journals, and regulatory documents. Data were analyzed using descriptive analytical techniques. The findings indicate that the implementation of waste management policies remains suboptimal due to inadequate facilities and infrastructure, limited public education, and insufficient internalization of Islamic values related to environmental stewardship. These constraints hinder the effective realization of environmentally sustainable governance as envisioned in Siyasah Tanfidziyah. The study concludes that effective waste management requires the integration of regulatory enforcement with a religious-based approach that emphasizes public awareness and collective responsibility. Accordingly, this study recommends strengthening regulatory frameworks, enhancing Islamic-based environmental education, and promoting cross-sector collaboration at the community level to improve policy effectiveness

Legal Certainty of Land Registration as a Form of Protection of Citizens' Constitutional Rights

Fakhry Firmanto — 2026-01-31

This study examines the implementation of land registration services as a mechanism for protecting constitutional rights to legal certainty, focusing on the practice of the National Land Agency (BPN) of Kampar Regency under Government Regulation Number 18 of 2021. Using an empirical juridical approach, this research combines primary data obtained from interviews with BPN officials and land registration applicants with secondary data derived from statutory regulations, legal doctrines, and official documents. The findings reveal that, although land registration has formally functioned as an instrument of legal protection through the issuance of land certificates, its effectiveness in realizing constitutional legal certainty remains limited. Normative constraints arise from regulatory disharmony between the Basic Agrarian Law and Government Regulation Number 18 of 2021, while empirical obstacles include low public legal awareness, limited institutional capacity, and delays in land measurement procedures. These conditions indicate a gap between the normative objectives of land registration reform and its practical implementation at the local level. This study argues that the protection of constitutional rights in land administration cannot be achieved solely through regulatory reform, but requires regulatory harmonization, institutional strengthening, and sustained legal education to ensure the consistent application of legal certainty and substantive justice.