Jurnal Magister Hukum Perspektif

KARAKTERISTIK DAN FAKTOR SENGKETA DESAIN INDUSTRI DENGAN BENTUK PENYELESAIANNYA

Febry Chrisdanty — 2025-05-15

Industrial design is a form of intellectual property that is closely linked to people’s lifestyles, as every product created takes into account not only functionality but also user preferences, comfort, and aesthetic appeal. Social, cultural, and technological trends influence the development of industrial design, serving as a source of inspiration for designers in creating relevant and sought-after products. However, the proliferation of these ideas presents challenges for new designers, as there is a risk of designs resembling previous ones. This is often the root cause of disputes with specific characteristics. This study aims to analyze how industrial design characteristics can influence the emergence of factors causing disputes, as well as the factors causing disputes that can be used to determine the most effective form of resolution. This empirical legal study employs an interview approach and the distribution of questionnaires. The results of the discussion indicate that the characteristics of industrial design disputes can influence the identification of the factors causing such disputes, including: the novelty of the protected object; a lack of understanding regarding industrial design; the evidence held by the parties; public awareness; and economic factors. Furthermore, these causal factors influence the selection of dispute resolution mechanisms, which in Indonesia can be pursued through litigation in the Commercial Court or through non-litigation avenues such as mediation, arbitration, and negotiation. Non-litigation resolution is considered more effective for resolving disputes related to business interests and commercial relationships, whereas litigation is more appropriate for disputes requiring legal certainty and the firm enforcement of rights. Understanding the characteristics and factors causing industrial design disputes is crucial in determining a resolution method that is efficient, fair, and provides legal certainty for the parties involved.

Keywords: industrial design, welfare, intellectual property, resolution, legal protection.

REKONSTRUKSI SISTEM PERADILAN PIDANA INDONESIA TRANSFORMASI DARI EFISIENSI PROSEDURAL MENUJU KEADILAN KEMANUSIAAN

Galih Refangga — 2026-05-15

Reconstruction of the model of Indonesia's criminal justice system in the contemporary era faced with tensions between the efficiency of law enforcement and the protection of human rights. The birth of the new Criminal Procedure Code shows a tendency to strengthen the crime control model paradigm that is oriented towards effectiveness and efficiency, but has the potential to ignore the principle of due process of law. This study uses a normative-critical approach by examining the dynamics of regulations, judicial practices, and modern legal theories. The results of the study show that the mechanistic-legalistic judicial model has not been able to realize substantive justice because it emphasizes formal procedures too much and ignores the humanitarian dimension. Therefore, reconstruction is needed through an integrative-protection justice model that combines the family model approach, protection principles, and integrative legal theory. This model places the law not only as an instrument of enforcement, but also as a means of social recovery and the protection of human dignity. Thus, a balance between legal certainty and substantive justice can be achieved more comprehensively and sustainably.

Keywords: Criminal Justice System, Substantive Justice, Due Process of Law, Crime Control Model, Protection

KONFLIK NORMATIF UU MINERBA DENGAN OTONOMI DAERAH PASCA 2020: ANALISIS KOMPARATIF DAN MODEL KEWENANGAN KOLABORATIF

Muhammad Hatta — 2026-05-10

The centralization of Mining Business License (IUP) issuance authority following Law Number 3 of 2020 and Law Number 11 of 2020 concerning Job Creation has created significant normative conflict with the principle of regional autonomy guaranteed under Article 18 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This research analyzes the normative disharmony between the 2020 Mining Law, the Job Creation Law, and the Regional Government Law, as well as its impact on procedural justice in mining governance. Employing normative legal research methodology with statutory, conceptual, and comparative approaches, this study compares mining licensing systems in three countries: Kazakhstan (post-Soviet centralization with transparency reforms), Germany (coordinative federalism with mandatory public participation), and India (federalism with judicial activism). The findings reveal that Indonesia's extreme centralization lacks precedent in the mining licensing systems of developed countries and contradicts global best practices. Kazakhstan demonstrates that centralization can coexist with transparency when supported by digitalization. Germany illustrates the effectiveness of coordinative federalism with mandatory public participation. India exemplifies the strategic role of the judiciary in enforcing indigenous communities' rights through the Free, Prior and Informed Consent (FPIC) principle. This research recommends a collaborative authority model that proportionally integrates central, provincial, and local government authorities, strengthened community participation through FPIC, transparent digital licensing systems, and enhanced judicial oversight through Constitutional Court review of sectoral regulations.

Keywords: Normative Conflict, Regional Autonomy, Mining Business License, Comparative Legal Study, Procedural Justice

PENERAPAN DOKTRIN ULTRA VIRES PADA PERUSAHAAN DI INDONESIA

Wina Febrianti Rukmana Wibisono — 2026-04-28

Provisions regarding the authority of a corporation are set forth in Law No. 40 of 2007 on Limited Liability Companies, which defines the limits of a corporation’s authority in an exhaustive manner; however, the debate regarding the relevance of the ultra vires doctrine in modern legal systems continues, particularly concerning the need to balance legal certainty with business efficiency. An explanation of the concept and scope of the ultra vires doctrine in corporate law—including its legal basis and application—is necessary in Indonesia. The research questions raised are: (1) What is meant by the ultra vires doctrine?; and (2) How are cases related to the ultra vires doctrine resolved? This study employs a normative legal approach using both statutory and case law analyses. The statutory approach utilizes the Company Law (UUPT) and the Civil Code (KUHPerdata), while the case-based approach examines Judgment No. 352/Pdt.G/2021/PNJkt.Pst. The results of the study indicate that (1) the ultra vires doctrine serves as a mechanism to limit a corporation’s authority, ensuring its activities remain consistent with the purposes and objectives outlined in the articles of association, while also providing legal protection for shareholders and third parties engaged in transactions with the corporation; and (2) The case, which was resolved using the ultra vires doctrine, demonstrates that a commissioner of PT. CGI, identified by the initials RAU, can be said to have acted beyond his authority. The judge who examined and decided this case explicitly stated in Decision No. 352/Pdt.G/2021/PN Jkt.Pst that RAU had committed an unlawful act (PMH) under Article 1365 of the Civil Code. However, there is a caveat: exceeding authority or power beyond those limits is considered invalid and not legally binding on the company.

Keywords: : Ultra vires doctrine, Limited Liability Company, Limitation of Authority

SERTIFIKASI MINYAK SAWIT INDONESIA DALAM MEWUJUDKAN BISNIS GLOBAL BERKELANJUTAN

Ayu Herlin Norma Yunita — 2026-05-20

The implementation of the European Union Deforestation Regulation (EUDR) has had a significant impact on Indonesia’s palm oil exports to the European Union market. This policy mandates compliance with sustainability and traceability standards, as well as guarantees that traded products no longer originate from deforestation practices. This poses legal and economic challenges for businesses. This study examines how the Indonesian Sustainable Palm Oil (ISPO) certification legal framework promotes sustainable palm oil business practices in Indonesia, as well as the differences in standards between ISPO and the EUDR that could Email potentially lead to legal consequences regarding legal certainty for Indonesian palm oil businesses in the global market. This study employs a normative legal approach with a comparative analysis of national and international regulations. The findings indicate that the ISPO legal framework under Presidential Regulation No. 16 of 2025 which includes seven sustainability principles remains stagnant at 31% coverage due to high costs and a lack of incentives. There are substantial gaps between ISPO and the EUDR in four key areas: definitions of forest and deforestation, geolocation data requirements, deforestation time limits, and the protection of indigenous peoples’ rights through the Free, Prior, and Informed Consent (FPIC) mechanism. This gap creates legal uncertainty for businesses and threatens approximately US$3.2 billion in annual exports to the European Union market. This study recommends the need to harmonize legal definitions in line with international standards, particularly those of the FAO and the EUDR, the integration of a geolocation-based traceability system, the strengthening of protection for the FPIC principle within ISPO regulations, the provision of support and incentives for smallholders to meet sustainability standards, and the strengthening of Indonesia’s economic diplomacy to expand international acceptance and recognition of ISPO certification as an instrument for sustainable palm oil governance.

Keywords: Indonesian Sustainable Palm Oil (ISPO), European Union Deforestation Regulation (EUDR), Sustainable Business, Legal Certainty, Global Market Access

DARI HAMEMAYU HAYUNING BAWANA KE KEADILAN SOSIAL: JEJAK NILAI JAWA DALAM PANCASILA DAN KONSTITUSI

Siti Fatimah — 2026-05-31

The discourse on social justice in Indonesia cannot be separated from the philosophical foundations of Pancasila and the cultural wisdom embedded in local traditions. One of the key philosophical values in Javanese tradition is Hamemayu Hayuning Bawana, which emphasizes the importance of maintaining harmony, balance, and collective well-being. Although it has long been practiced in local communities, its connection to constitutional principles (particularly the fifth principle of Pancasila) has not yet been extensively studied. This article poses two main questions: how can “Hamemayu Hayuning Bawana” be conceptualized as a source of values in the interpretation of the Indonesian Constitution, and to what extent does this value contribute to the understanding of social justice within the framework of Pancasila and the 1945 Constitution of the Republic of Indonesia. This study aims to examine the contribution of Hamemayu Hayuning Bawana as a philosophical concept in the legal interpretation of social justice. The research method employed is normative legal research using conceptual, philosophical, and comparative legal approaches. Primary and secondary legal materials were analyzed through qualitative interpretation, including the 1945 Constitution, relevant legislation, and the constitutions of several comparative countries. This study draws on the experiences of South Africa and Bolivia, which have successfully integrated indigenous values and customary law into their national constitutional systems. The research findings indicate that Hamemayu Hayuning Bawana can be understood as a source of constitutional values through the approaches of the “living constitution,” “sociological jurisprudence,” and “responsive law,” thereby contributing to the strengthening of substantive social justice. The integration of local values into constitutional interpretation has been shown to enhance the responsiveness of the law to the diverse social realities of society, while also providing an epistemological foundation for the decolonization of law by repositioning local wisdom within the national legal discourse. Therefore, this article recommends a contextual and culturally rooted constitutional approach.

Keywords: Pancasila; Social Justice; Hamemayu Hayuning Bawana; Constitutionalism; Legal Decolonization.

REKONSTRUKSI KONSEP KONTRAK HIBRIDA DALAM HUKUM PERDATA INDONESIA: ANALISIS ANTARA FLEKSIBILITAS BISNIS DAN KEPASTIAN HUKUM

David Novan Setyawan — 2026-04-30

The development of the digital economy and the complexity of modern business transactions call for more flexible forms of contracts than the traditional ones found in the Civil Code. This phenomenon has given rise to the concept of hybrid contracts, namely agreements that combine several types of contracts into a single legal relationship. The purpose of this study is to analyze the legal basis of hybrid contracts in Indonesian civil law and to propose a conceptual reconstruction aimed at balancing business flexibility and legal certainty. The method employed is normative legal research using legislative, conceptual, and comparative approaches. The findings indicate that the principle of freedom of contract (Article 1338 of the Civil Code) provides legal space for hybrid contracts; however, the absence of clear normative boundaries creates potential uncertainty in legal enforcement. Conceptually, this article develops three reconstructive principles: (1) the principle of functionality, which prioritizes the economic purpose of the contract in interpretation; (2) the principle of proportionality, which limits freedom of contract to prevent structural imbalances; and (3) the principle of adaptive certainty, which demands that legal norms remain clear while remaining responsive to technological developments. Comparatively, the Dutch preponderance test and the “intention of the parties” approach in English common law are adapted as models for Indonesian judges. The findings indicate that the absence of formal interpretation guidelines leads to inconsistencies in case law. This study recommends the establishment of guidelines for interpreting hybrid contracts, minimum standard clauses for platform contracts, and reforms to the Civil Code that accommodate modern contracts as concrete steps toward an adaptive and equitable contract law ecosystem.

Keywords: hybrid contract, civil law, business flexibility, legal certainty, freedom of contract