Fox Justi : Jurnal Ilmu Hukum

Implementation of the Decree of the Head of BPJPH No. 20 of 2023 Concerning Amendments to the Decree of the Head of BPJPH No. 57 of 2021 and LPPOM MUI Number SK 46/DIR/LPPOM MUI/XII/14 Regarding the Practice of Buying and Selling Food with Inappropriate Names (Case Study of Food Venues in Binjai City)

2026-05-01T13:01:31+00:00

This study aims to analyze the implementation of the Decree of the Head of BPJPH Number 20 of 2023 and LPPOM MUI SK Number 46/DIR/LPPOM MUI/XII/14 regarding the practice of naming inappropriate food products in culinary Micro, Small, and Medium Enterprises (MSMEs) in Binjai City. The phenomenon of using controversial or inappropriate product names, such as “Nasi Goreng Satan,” reflects a growing trend in marketing strategies that prioritizes uniqueness and consumer attraction, yet raises concerns in terms of compliance with the halalan thayyiban principle. In particular, such naming practices pose administrative and ethical challenges in fulfilling halal certification requirements, especially in relation to decency, Islamic values, and public perception. This research employs a qualitative method with a socio-legal approach, aiming to examine not only the regulatory framework but also its implementation in real social contexts. Data were collected through in-depth interviews with business actors and Halal Product Process Assistants (PPPH), field observations of culinary MSMEs, and analysis of relevant regulatory documents. The data analysis technique utilizes SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) to identify key issues and formulate appropriate mitigation strategies for business actors. The results indicate that there is a significant gap between existing halal product naming regulations and actual branding practices in the field. This gap is primarily caused by the low level of literacy and understanding among MSME actors regarding halal regulations, as well as concerns about losing brand identity and commercial attractiveness when changing product names. Furthermore, weak socialization and limited assistance contribute to the persistence of such practices. To address these challenges, this study proposes several mitigation strategies, including strengthening halal literacy through digital platforms and social media, enhancing persuasive and continuous assistance by PPPH, and reconstructing brand identity that aligns with ethical and decency values while maintaining market competitiveness. These strategies are expected to support MSMEs in achieving halal compliance without compromising their business sustainability and branding effectiveness

Analysis of the Implementation of DSN-MUI Fatwa Number 25/DSN-MUI/III/2002 Concerning Rahn (Pawn) and Financing Restructuring Solutions at Pegadaian Syariah Binjai

2026-05-01T13:02:32+00:00

This study aims to analyze the implementation of DSN-MUI Fatwa No. 25/DSN-MUI/III/2002 concerning rahn (Islamic pawn) and to examine financing restructuring solutions at Pegadaian Syariah Binjai. Rahn is one of the rapidly growing Islamic financing products, as it offers an alternative mechanism that is free from usury and aligned with Sharia principles. However, in practice, there are still potential inconsistencies, particularly in the determination of ujrah (service fees) and the handling of problematic financing. This research employs a descriptive qualitative method with a field research approach. Data were collected through interviews with Pegadaian staff and customers, as well as through relevant documentation. The data analysis techniques include data reduction, data display, and conclusion drawing. The results indicate that the implementation of the DSN-MUI fatwa at Pegadaian Syariah Binjai is generally in accordance with Sharia principles, especially in terms of rahn contracts and the prohibition of usury. However, there are indications that the determination of ujrah is not entirely independent of the loan value. In addition, problematic financing is mainly caused by customers' economic conditions and their limited understanding of the contract. To address these issues, the institution applies financing restructuring mechanisms such as rescheduling, reconditioning, and restructuring, which are considered effective and remain compliant with Sharia principles.

The Resource Management Strategy of Nazir and Religious Instructors in Empowering Waqf Potential at the Religious Affairs Office (KUA) of East Binjai District

2026-05-23T17:40:22+00:00

This study discusses the role of nazhir and religious instructors and strategies for strengthening both in empowering the potential of waqf at the Office of Religious Affairs (KUA) of East Binjai District. Waqf is an Islamic economic instrument that has great potential in improving community welfare if managed professionally and productively. However, waqf management in East Binjai District still faces various obstacles, such as low public understanding of productive waqf, suboptimal management of waqf assets, and limited human resource competency in waqf management. This study aims to determine the role of nazhir in waqf management, the role of religious instructors in raising public awareness about waqf, and strategies for strengthening the role of nazhir and religious instructors in empowering the potential of waqf at the KUA of East Binjai District. The research method used is a qualitative method with a descriptive approach. Research data were obtained through observation, interviews, documentation, and literature studies related to waqf and its empowerment. The results show that nazhir has an important role in the administration, management, development, and protection of waqf assets so that they can be used productively for the benefit of the community. Meanwhile, religious instructors act as educators, motivators, facilitators, and community mentors to increase public understanding and participation in productive waqf. Strengthening strategies include improving the quality of human resources through training and coaching, public outreach on productive waqf, improving the administration and legality of waqf assets, strengthening inter-institutional cooperation, and utilizing information technology in waqf management.

Legal Review of Online Buying and Selling Transactions

2026-05-25T13:39:36+00:00

In online buying and selling practices, common issues include non-delivery of goods, items not as described, late delivery, and damaged goods, which can lead to legal issues. Losses can be experienced not only by consumers but also by businesses selling their goods using the cash on delivery payment method. Agreements made in online buying and selling transactions are still premature because buyers only see the goods listed in the advertisement. The purpose of this research is to determine the legal impact on online buying and selling transactions. The type of research used is normative and empirical research. The normative research is conducted through literature studies from various sources, including legislation, books, journals, and information from online media. Meanwhile, empirical research obtains field data as the main data source, such as the results of interviews and observations. Online buying and selling has the potential to lead to unlawful acts, especially criminal violations, such as providing false information about advertised products, deception between sellers and buyers because the goods that have been paid for do not reach the buyer, or vice versa, goods that have been purchased but not paid for by the buyer. Article 1321 of the Civil Code stipulates that an agreement is legally void if it is made through error, obtained through coercion, or fraud. Researchers recognize that the use of online media for electronic buying and selling transactions must be conducted wisely and in good faith, as potential negligence and crime can result in legal violations.

Implementation of Law Enforcement Towards the Regulation of Street Clowns in Gorontalo City

2026-05-05T01:07:53+00:00

The phenomenon of street clowns in urban areas, particularly in Gorontalo City, is a form of social problem that arises due to economic pressures and limited employment opportunities, and has implications for disrupting public order. Although it has been regulated in Regional Regulation No. 1 of 2018 concerning Public Order, the practice of street clowns continues to occur in public spaces. This study aims to analyze the implementation of Regional Regulation No. 1 of 2018 on controlling street clowns and identify factors that influence the effectiveness of law enforcement. This study uses an empirical legal research type with a descriptive qualitative approach. The research location was carried out in Gorontalo City, specifically at road intersections and public spaces. The research informants numbered 6–8 people consisting of officers from the Civil Service Police Unit, the Social Service, street clowns, and road users, who were selected purposively because they were considered to understand the problem being studied. The data used includes primary and secondary data, obtained through interviews, observation, documentation, and literature review. These data were then analyzed through data reduction, data presentation, and conclusion drawing, with validity testing through source triangulation. The results of the study indicate that policy implementation has been running quite well from an institutional perspective through socialization, enforcement, and guidance. However, it has not been fully effective due to ongoing communication constraints, limited resources, unequal distribution of guidance, and inconsistent law enforcement. Furthermore, economic factors are the primary cause of the continued existence of the street clown phenomenon. Therefore, an approach that is not solely repressive but also encompasses a sustainable social empowerment program is needed. These findings provide important implications for public policy development, particularly in creating more comprehensive and long-term solution-oriented handling.

The Paradox of Nihil Punishment Regulation for Corruption as an Extraordinary Crime

2026-05-28T01:04:37+00:00

The imposition of "nihil" (null) punishment on mega-corruption defendants, specifically in the Benny Tjokrosaputro case involving total losses of approximately Rp22 trillion, has sparked intense debate regarding the effectiveness of law enforcement and the public's sense of justice. As an extraordinary crime, corruption should be handled with extraordinary sentencing instruments. However, in practice, the Panel of Judges based the sentencing on Article 67 of the Criminal Code (KUHP), which is designed for ordinary crimes. Consequently, this research aims to analyze the juridical rationality of applying nihil punishment from a welfare state perspective and examine the implications of the legal vacuum within the Anti-Corruption Law (UU Tipikor) on the effectiveness of corruption eradication. Using normative legal research methods, the results indicate that nihil punishment creates a legal anomaly where extraordinary crimes are degraded to ordinary ones, thereby obscuring the dignity of the Anti-Corruption Law as lex specialis. This research proposes a revision of the Anti-Corruption Law by strengthening the extraordinary sentencing system, including the options of the death penalty, aggressive special fines, and the implementation of multiple life sentences to ensure no impunity or legal loopholes for repeat multi-case corruption perpetrators.

Analysis and Strengthening of the Regulation of Digital Assets as Objects of Inheritance in Indonesian Inheritance Law

2026-05-11T17:29:39+00:00

The development of digital assets in Indonesia has shown significant growth, both in terms of the number of users and their economic value. Digital assets such as cryptocurrencies, NFTs, and digital accounts have become part of society's wealth and have the potential to become objects of inheritance. However, the Indonesian inheritance law system does not yet have explicit regulations regarding the status and inheritance mechanisms of digital assets, thus creating legal uncertainty and potentially hampering the protection of heirs' rights. This study aims to analyze the construction of regulations for digital assets as objects of inheritance in Indonesian inheritance law and examine the legal consequences of this lack of regulation on legal certainty and the protection of heirs' rights. The method used is normative legal research with a statutory, conceptual, and interdisciplinary approach through a literature review of primary, secondary, and tertiary legal materials analyzed qualitatively using systematic and grammatical interpretation methods. The results show that digital assets conceptually fulfill the elements of an inheritance object because they have economic value, can be owned, and can be transferred. However, Indonesian positive law does not yet provide clear regulations regarding the inheritance mechanism. This legal vacuum has resulted in legal uncertainty, potential disputes between heirs, difficulties in accessing digital assets, and weak legal protection for heirs. This study concludes that adaptive and comprehensive legal reforms are needed to accommodate the characteristics of digital assets within the Indonesian inheritance law system. These findings are expected to contribute to the development of contemporary inheritance law and serve as an academic basis for formulating legal policies related to the inheritance of digital assets in Indonesia.

Optimizing the Role of the Indonesian Waqf Board of North Sumatra Province in Increasing the Professionalism of Nazhir in Managing Waqf Productively in Medan Marelan District, Medan City

2026-05-01T13:03:03+00:00

This study aims to examine the optimization of the role of the Indonesian Waqf Board (BWI) of North Sumatra Province in improving the professionalism of waqf managers (nazhir) in managing productive waqf in Medan Marelan District. The background of this research is based on the fact that waqf management is still predominantly traditional and consumptive, which limits its potential as an instrument for socio-economic empowerment. This study employs a qualitative method with an empirical juridical approach, analyzing law not only as a set of norms but also as it is implemented in practice. Data were collected through interviews with representatives of BWI North Sumatra and local nazhir, supported by a literature review of relevant laws and academic sources. The findings indicate that the professionalism of nazhir remains relatively low, particularly in terms of managerial skills, administrative capacity, and understanding of productive waqf concepts. Furthermore, the role of BWI North Sumatra in guiding and supervising nazhir has not been fully optimized due to limited resources, insufficient training programs, and uneven distribution of capacity-building initiatives. As a result, the development of productive waqf management in the research area has not yet been achieved. Therefore, strengthening the role of BWI through intensive training, continuous mentoring, and improved supervision mechanisms is essential to enhance nazhir professionalism and to maximize the economic benefits of waqf for the community

Implications for the Cancellation Clause of General Insurance Policies Following the Constitutional Court Decision (No. 83/PUU-XXII/2024)

2026-06-29T03:21:38+00:00

The legal status of general insurance policy cancellation clauses and their implications after the Constitutional Court Decision Number 83/PUU-XXII/2024. The research problem formulations are: (a) what is the legal status of general insurance policy cancellation clauses before and after the Constitutional Court decision, and (b) what are the legal implications of the decision on the wording and application of policy cancellation clauses. This research uses a juridical normative method, with a statutory and conceptual approach, and analyzes primary sources in the form of laws, related regulations, and Constitutional Court decisions, as well as secondary sources from journals and recent legal publications. The results of the study indicate that before the Constitutional Court decision, policy cancellation clauses gave the insurer the unilateral right to cancel the policy if the insured provided false information or concealed material facts, so that the insured was in a weak legal position. After the Constitutional Court Decision Number 83/PUU-XXII/2024, policy cancellation can only be done based on a written agreement between both parties or through a court decision, so that the position of the insured and the insurer becomes more balanced and constitutional. This study concludes that the Constitutional Court's decision provides clearer legal certainty and strengthens the protection of the insured

Juridical Analysis of the Judge's Reasons for Not Imposing Criminal Liability on a Notary in a Case of Forgery of a Will Deed

2026-06-30T06:34:15+00:00

This study aims to explain the juridical reasons why the Surabaya High Court Decision No. 920/PID/2024/PT.SBY did not impose criminal liability on Notary Dedi Wijaya in a case involving the forgery of a will deed committed by the defendant, King Finder Wong. This research employed a prescriptive normative legal method using statutory and case approaches. The analysis focused on the coherence of legal norms, principles, and their application in the court's decision. The primary legal materials consisted of the Indonesian Criminal Code (KUHP), the Law on the Office of Notary (UU Jabatan Notaris), the Indonesian Code of Criminal Procedure (KUHAP), and relevant court decisions, while the secondary legal materials included legal doctrines concerning authority and criminal liability. The findings indicate that the panel of judges concentrated its examination and ruling on the defendant as the accused party, whereas the notary was considered only within the factual evidentiary context concerning the deed-making process and the circumstances subsequently revealed, without establishing any element of criminal intent on the part of the notary. Procedural irregularities during the verification of identity and supporting documents were deemed more appropriately classified as breaches of professional prudence and disciplinary obligations rather than as fulfillment of the constituent elements of a criminal offense required for criminal punishment. The study recommends strengthening minimum verification standards for high-risk notarial deeds, requiring adequate documentation of clients' identities, postponing the execution of deeds when risk indicators arise, and enhancing professional supervision through continuous guidance and compliance audits. These findings provide guidance on the limits of a notary's criminal liability and offer directions for strengthening professional disciplinary enforcement to better protect users of notarial services.

Evidentiary Value of Internet Protocol Address Similarity in Tender Collusion: a Study of Case No. 445 K/PDT.SUS-KPPU/2021

2026-06-15T16:15:52+00:00

Background: Collusion in electronic tenders represents a fundamental violation of fair competition principles, as it systematically undermines the transparency, fairness, and efficiency of government procurement processes, prompting the adoption of the e-tender system to safeguard integrity. Objectives: This study aims to critically assess the legal validity and probative strength of IP addresses as electronic evidence in digital collusion cases, while specifically examining the judicial reasoning applied in relevant Indonesian court decisions. Methods: Employing a normative legal methodology with a descriptive-analytical approach, this research draws upon diverse legal literature, statutes, and comparative case studies. Results: The analysis establishes that while Article 5 of Indonesia's ITE Law formally recognizes IP addresses as valid electronic evidence due to their unique device-identifying function, the ruling in Decision Number 445 K/Pdt.Sus-KPPU/2021 is jurisprudentially flawed; the court erroneously limited the comparison of IP addresses to a superficial administrative verification by the procurement working group (pokja), despite the pokja lacking statutory access to the SPSE system. In contrast, international jurisdictions such as Brazil, Singapore, and China robustly admit IP addresses as compelling evidence when corroborated by metadata and system logs. Conclusions: Consequently, this study underscores the urgent necessity for Indonesia to establish consistent, technology-adaptive, and procedurally clear standards for electronic evidence to ensure legal certainty and reinforce the effective enforcement of fair competition law in the digital procurement landscape.

Reconstructing the Concept of Permanent Establishment in the Global Era of Significant Economic Presence

2026-04-13T08:30:32+00:00

This research examines the reconstruction of Indonesia’s Permanent Establishment (PE) concept in response to the challenges of the digital economy. The rise of digital platforms and cross-border data transactions has diminished the relevance of the traditional PE definition, which relies on physical presence as the basis for taxation. Through a normative juridical approach, the study analyzes the inadequacy of existing regulations and explores the adoption of the Significant Economic Presence (SEP) principle as a new tax nexus. The analysis demonstrates that SEP offers a fair and modern legal mechanism to capture value creation derived from digital engagement, ensuring fiscal equity and protecting national tax sovereignty. Its effective implementation requires harmonisation between domestic law, international tax treaties, and administrative reform. The study concludes that integrating SEP into Indonesia’s taxation framework represents a necessary evolution toward a more just, adaptive, and comprehensive system suited for the digital era.

Codifying the Doctrine of Unjust Enrichment in Indonesian Law of Obligations

2026-04-13T08:31:05+00:00

This article examines the normative and systematic urgency of codifying the doctrine of unjust enrichment within Indonesia’s law of obligations. Although Indonesian private law, rooted in the civil law tradition, has long recognised contract and tort as the principal sources of obligations, it lacks an explicit and autonomous framework governing situations where one party is enriched at the expense of another without sufficient legal ground. This doctrinal gap forces courts to rely on broad principles of equity, good faith, and analogical reasoning, or to stretch contractual and delictual concepts beyond their proper domains, thereby undermining legal certainty, consistency, and equal treatment. Using a normative juridical method, supported by comparative analysis of developed unjust enrichment regimes in other jurisdictions, this research argues that codification is necessary to complete the triadic structure of obligations, clarify the relationship between unjust enrichment, contract, and tort, and provide clear elements and limits for restitutionary claims. Codification is further justified by the increasing complexity of modern transactions, particularly in the digital and financial sectors, where enrichment without legal basis frequently arises outside traditional fault‑based or consent‑based categories. The study concludes that an explicit unjust enrichment regime would enhance substantive justice, strengthen doctrinal coherence, and affirm the role of Indonesian private law as a credible instrument for regulating the fair distribution of gains and losses.

Gauging Algorithmic Justice: Assessing Indonesia’s Readiness to Adopt Predictive Justice in Criminal Law

2026-04-14T15:22:29+00:00

This article analyses the normative, institutional, and procedural readiness of Indonesia’s criminal justice system to adopt predictive justice tools, particularly algorithmic risk assessment, as decision‑support in bail, sentencing, and parole. Using a normative juridical and comparative approach, the study examines the compatibility of such tools with fundamental criminal law principles, including legality, individual culpability, presumption of innocence, proportionality, equality before the law, and the right to a fair and transparent trial. It argues that algorithmic, forward‑looking assessments of risk sit in structural tension with a system traditionally grounded in adjudication of past wrongdoing and individual guilt, and may entrench historical bias embedded in criminal justice data. At the same time, the article evaluates Indonesia’s institutional and regulatory infrastructure, identifying serious deficiencies in data quality and governance, legal rules on admissibility and transparency of algorithmic assessments, oversight mechanisms, and technical capacity among legal actors. The study concludes that Indonesia is not yet adequately prepared to integrate predictive justice and that significant reforms are required before such tools can be legitimately employed as subordinate aids rather than drivers of criminal decision‑making.

Politics of Law in Supervising Digital Disinformation During Democratic Elections in Indonesia

2026-06-03T15:04:56+00:00

This research examines the politics of law concerning the supervision of digital disinformation in democratic elections in Indonesia amid the rapid development of digital communication technology and social media platforms. The study aims to analyse the effectiveness of Indonesia’s legal framework in supervising digital political communication during elections and to identify the reconstruction of legal policy necessary to maintain electoral integrity and democratic legitimacy. The spread of fake news, political propaganda, algorithmic manipulation, and artificial intelligence-generated political content has significantly influenced democratic participation and electoral processes in Indonesia. However, existing electoral and electronic information regulations remain fragmented and relatively reactive toward technological developments. This research employs normative legal research using statutory, conceptual, and comparative approaches. The statutory approach analyses regulations concerning elections and electronic information, while the conceptual approach examines theories of politics of law, democracy, and digital governance. The comparative approach compares Indonesia’s legal framework with several democratic countries regarding digital election supervision. The research specification is analytical-descriptive, with data collected through library research involving primary, secondary, and tertiary legal materials. Data analysis is conducted through qualitative juridical analysis based on constitutional principles and democratic values. The results show that Indonesia’s politics of law concerning digital election supervision requires adaptive legal reform through strengthening legal substance, institutional coordination, digital platform accountability, and public digital literacy. The novelty of this research lies in its analysis of digital election supervision from the perspective of politics of law by emphasizing adaptive democratic legal governance that balances freedom of expression with the protection of electoral integrity in the digital era.