Indonesian Civil Research Articles

Performance Analysis of Higher Education Public Service Agencies: A Case Study of the Indonesian Civil Pilot Academy Banyuwangi

A Public Service Agency, known by the Indonesian nomenclature as Badan Layanan Umum (BLU), is a government institution with the autonomy to manage its finances effectively and efficiently and provide public services. BLU is crucial for delivering essential services in Indonesia, including specialized education in the transportation sector. Despite their significance, BLU institutions like the Indonesian Civil Pilot Academy Banyuwangi face operational inefficiencies, financial constraints, and human resource challenges that hinder organizational performance. This study investigates these challenges, focusing on how financial management, human resource issues, and operational inefficiencies affect educational outcomes. The research employed a qualitative case study approach using semi-structured interviews, document analysis, and field observations. Data were collected from key stakeholders, including students, lecturers, and staff, to assess organizational performance in the educational process, human resource management, and general operations. Findings reveal that while facilities and educator engagement have improved, issues such as lecturer absenteeism, student input quality, and the need for continuous staff training persist. This study contributes to the body of knowledge by demonstrating the critical role of Total Quality Management (TQM) and Cross-Functional Integration (CFI) in improving public service agency performance. The research offers practical recommendations for enhancing lecturer performance, refining student admissions, and developing powerful individuals through sustainable training. This expectation can give Public Service Agency management an outlook for increasing performance organization and support mission, as well as the Agency of Human Resources Development (BPSDM) on Transportation vision.

The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code, this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.

Dispute Resolution in Sharia Banking: Challenges and Judicial Reform for Enhanced Legal Certainty

Sharia banking, a growing sector within Indonesia's civil law system, operates under Islamic legal principles while serving diverse clients, both Muslim and non-Muslim. This research explores the challenges in resolving disputes within Sharia banking, emphasizing the need for judicial integration. The study utilizes both a legislative and conceptual approach, examining relevant laws and regulations, while developing a comprehensive framework for judicial reform. Results indicate that despite the Religious Courts' authority over Sharia economic disputes, jurisdictional ambiguity persists, often leading to confusion. Additionally, the study highlights the importance of alternative dispute resolution (ADR), such as mediation and arbitration, which aligns with Sharia principles and offers a faster, cost-effective means of resolving disputes. The findings suggest that a unified judicial system, with the Religious Courts as the sole authority in Sharia economic disputes, coupled with strengthened ADR mechanisms, would promote legal certainty and support the sustainable development of Indonesia's Sharia banking sector. Implications include recommendations for enhancing regulatory frameworks, improving judicial competence, and fostering collaboration between regulatory authorities, industry stakeholders, and the judiciary to ensure fair and efficient dispute resolution

Employee Engagement and Performance: Empirical Findings from the Indonesian Civil Apparatus for Sustainable Development

Employee Engagement and Performance: Empirical Findings from the Indonesian Civil Apparatus for Sustainable Development

Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Improving Pilot Competence Through Flying Practice Learning Using Flight Simulator at the Indonesia Civil Pilot Academy of Banyuwangi

This research assesses the competency and skill requirements for Seaplane aircraft maintenance in the pilot education program at the Indonesian Pilot Academy Banyuwangi. Utilizing qualitative methods, including in-depth interviews and direct observation, the study involves students and teachers in the pilot education program. Analysis reveals crucial competencies for students, encompassing a profound understanding of Seaplane aircraft systems, adept problem-solving during operations, and the capacity for quick and precise decision-making. Special skills, such as adaptability to complex working conditions and meticulousness in maintenance procedures, are also deemed essential. The research identifies alignment between the academy's curriculum and Seaplane aircraft maintenance needs, yet highlights specific areas requiring enhancement. The study recommends strengthening the curriculum and teaching methods to better address competency and skill needs. Implementing these recommendations is anticipated to elevate the quality of graduates, ensuring they are well-equipped to meet the challenges of Seaplane aircraft maintenance in the aviation industry.

The Social and Political Impact of Breach of Contract in Motor Vehicle Lease Agreements Based on the Indonesian Civil Code

The Social and Political Impact of Breach of Contract in Motor Vehicle Lease Agreements Based on the Indonesian Civil Code

Indonesian Civil Service Management in the Health and Disaster Management Sector: Post-COVID-19 Pandemic Prospective

The COVID-19 pandemic as a non-natural disaster has made many countries aware of reform in healthcare systems and services and disaster management, including Indonesia. The high intensity of natural disasters in Indonesia and the presence of non-natural disasters such as the COVID-19 pandemic have become the government's momentum to carry out better mitigation in the future. This study aims to identify and analyse the gap between the existing conditions and the ideal conditions for the needs of the State Civil Apparatus (ASN) in the health and disaster management sector in the future. Using a gap analysis approach with qualitative data collection, this study shows a significant gap between the availability of ASN compared to the number of ASN needed in the health and disaster management sectors in Indonesia. Moreover, to make the health and disaster management sector successful, this study formulates the need for ASNs in strategic positions: Specialist Doctor, General Practitioner, Dentist, Pharmacy and Food Supervisor, and Rescuer. In addition, this study suggests the need for developing ASN competencies in this sector, such as digital services, biotechnology, nanotechnology, integrated flood management, construction of drinking water supply systems and landfills, risk management, and review analysis and mitigation

Legal Analysis of Default in Construction Projects Involving Individuals: A Case Study of Guesthouse Construction.

In the realm of construction, contracts form the fundamental basis of projects involving multiple parties with clear responsibilities and obligations. This research explores a case of breach of contract (wanprestasi) in a construction project involving an individual, which not only caused financial and reputational harm to other parties involved but also compromised the integrity and quality of the project. The legal framework governing construction services and contracts, including Article 1 paragraph (3) of Law Number 2 of 2017 concerning Construction Services, sets the ground for understanding obligations and rights under Indonesian civil law. The methodology employed in this study is a qualitative analysis, focusing on the application of legal principles, relevant regulations, and real-life practices related to cases of breach of contract using literature reviews and case document analysis. This approach has allowed for an in-depth understanding of the legal norms and the actual enforcement of laws in similar situations. The findings reveal that the specific breaches included not meeting agreed specifications and delays in project completion, which are deemed as wanprestasi under Article 1243 of the Indonesian Civil Code. These violations stem from poor project management, opaque fund usage, and unilateral decisions by the executing party, highlighting the need for stringent legal enforcement and protection for the aggrieved parties. Keywords: Construction Law, Breach of Contract, Legal Enforcement, Project Management, Civil Law

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

Pattern of Care for the Bankruptcy Trustee: Is Transplantation to Indonesian Law Possible for SDGs?

Purpose: The centrality of the bankruptcy trustee in bankruptcy cases requires bankruptcy law to maintain and enforce the trustee's standard of care. In the United States, the formulation of this standard at least includes the form of liability, level of violation, and exceptions to the trustee's liability. In Indonesia, this standard does not yet exist, so the legal certainty is still questionable. Indeed, there is general provision in Article 1365 of the Indonesia Civil Code and special provision in Article 72 of the Indonesia Bankruptcy Act 2004, but they are considered ineffective. Efforts are needed to borrow this standard from the United States. The most appropriate way of convergence is to carry out legal transplant. Therefore, this article discusses this standard in the United States, describes the text and legal context in Indonesia, and ultimately reveals transplant with the concept of path dependence. Method: The research conducted is normative legal research, so that discussions are carried out on the legal principles of liability, violations, and exceptions; in addition to discussions on comparative laws that exist in the United States. Given that the focus is only on legal materials (secondary data), the research is purely doctrinal research. With document study all results are collected, which are then subjected to quantitative analysis. Results: Research was conducted on the legal history of bankruptcy, namely the legal system (sources, institutions, and legal procedures) and legal culture (compliance, justice, and dispute resolution). There are indeed similarities in institutions and legal procedures that apply to both countries, although there is differentiation in the sources of law for the application of standard. In addition, there is a fairly high discrepancy between the two countries regarding compliance and justice experienced by the community, in addition to the differences in the main mode of court in the eyes of the community.

Impact of Aircraft Noise and Compliance with the Use of Personal Protective Equipment on Hearing Impairment in Pilot Cadets at Indonesian Civil Pilot Academy - Banyuwangi

Noise in the workplace is a health issue in several countries. Similarly, in the aerospace industry, advanced aircraft, whether for civilian transportation or military purposes, pose risks due to exposure to aircraft noise, which passengers are continuously subjected to at relatively higher intensities and for prolonged periods. The problem of this research is to identify, reduce, and prevent the impact of aircraft noise and compliance with the use of personal protective equipment (PPE) on hearing impairment among cadet pilots at the Indonesian Aviation Academy in Banyuwangi. The research objective includes collecting medical records of 57 cadets, measuring aircraft noise levels, and conducting a questionnaire survey. The method used in this study is descriptive quantitative, with 57 respondents. Data analysis was performed to determine the compliance of cadets with PPE usage at the Indonesian Aviation Academy in Banyuwangi. The results show that the noise produced by the aircraft operated by the academy exceeds the permissible noise level (PNL), and the questionnaire results indicate low compliance with PPE usage. However, medical record data reveal that the majority of cadets still have normal hearing, with only 12.3% or 7 respondents categorized as having mild hearing impairment. These findings imply a positive and significant influence of aircraft noise level and PPE compliance on hearing impairment among trainees.

IMPLICATIONS OF PERMA NUMBER 7 OF 2022 CONCERNING. ADMINISTRATION OF CASES AND TRIALS. JUDGMENT AS WELL. ELECTRONICS AGAINST. PRINCIPLES OF CIVIL PROCEDURE LAW

Background: There is a growing need for courts to implement electronic-based administration, or E-Court, as technology advances. Objective: To understand, study and analyze whether PERMA Number 7 of 2022 regarding Electronic Administration and Trial of Cases in Court complies with Indonesian civil procedural law principles. Method: Qualitative research with a normative legal perspective demonstrates that e-court use can typically increase judicial efficiency. Result: Some applications are still opposite from the principles of civil procedural law, HIR and RBG. This condition can be seen in the implementation of the principle of open hearings to the public in the court, the application of the Nemo Judex Idoneus in Propria Causa principle, and SEMA 1 of 2023 concerning Surat Tercatat (Registered Letters), which violate the provisions in the HIR and RBG. Conclusion: This situation makes sense because it will take time to create new civil procedural laws and there is an urgent need to improve the court's efficacy and efficiency.

Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. The approach involves collecting, reviewing, and analyzing relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step is identifying and collecting relevant literature, followed by an analysis to understand basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature to identify key issues, challenges, debates, and evaluate each source's relevance and validity. Findings indicate that inherited assets are significantly regulated by the Indonesian Civil Code. The Code addresses heirs' rights and obligations, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights, requiring all heirs' agreement or a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene. Provisions for canceling inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for heirs, ensuring the inheritance process aligns with justice and legal principles.

Climate Litigation in Indonesia: Lessons from the Royal Dutch Shell Case

This article compares the concept of unlawful act in the Indonesian and Dutch Civil Codes, with specific attention to the notorious decision of the Milieudefensie et al v. Royal Dutch Shell Case. Therein, the Dutch Court applied unwritten law under Article 6:612 of the Dutch Civil Code, calling for reduction in carbon emissions through policy changes by the Shell group. The use of unwritten law allowed for a comprehensive assessment of legal bases, including international soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights. Inspired by such a decision, this article aims to unveil the readiness of Article 1365 of the Indonesian Civil Code in entertaining a similar case. It compares the approach taken in the Milieudefensie et al. v. Royal Dutch Shell Case with pertinent decisions by the Indonesian court concerning the implementation of Article 1365 of the Indonesian Civil Code. Furthermore, it focuses on two prongs of civil liability that are necessary for establishment: 1) unwritten law; and 2) causality. By doing so, this article aims to contribute to the evolving realm of climate litigation, specifically within the framework of civil law.

Reconstruction of special sentencing guidelines on state loss crime in the Indonesian civil code

Reconstruction of special sentencing guidelines on state loss crime in the Indonesian civil code

Negotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts

This research attempts to look at the allocation of inheritance in polygamous marriages, as adjudicated by the Indonesian Islamic courts, commonly known as the Religious Courts. In a polygamous marriage, the inheritance distribution often faces more complex challenges. This research is grounded in an analysis of decisions from the Religious Courts, including both first-instance and appellate court rulings. The findings indicate that inheritance distribution in polygamous marriages relies not just on the Islamic Law Compilation, but also on the Indonesian Civil Code. Moreover, the judges employed two approaches to resolve disputes: Islamic jurisprudence (fiqh) and the Islamic Law Compilation, which is the codified Islamic law in Indonesia. When the judges referred to the classical texts of Islamic jurisprudence, they allocated the entirety of the inherited properties among the heirs. Negotiation occurred when judges opted for the Islamic Law Compilation instead of classical fiqh, leading them to consider the concept of joint property and distinguish it from the estates. Ultimately, the Appellate Court judges appeared more progressive, taking into account the Indonesian context and ensuring justice for wives in polygamous marriages.

Legal Implications for PPAT Employees Serving as Instrumental Witnesses in Title Transfer Agreements

Employees or instrumental witnesses of PPAT play a crucial role, particularly in service provision. Not only can Land Deed Officials be defendants, but employees or instrumental witnesses may also become defendants if there is a tort claim due to slow services causing harm to their clients. The presence of instrumental witnesses is vital as it can help maintain the safety of the PPAT's position in the event of contested deeds. The purpose of this study is to determine the legal consequences for PPAT employees who act as instrumental witnesses in title transfer agreements. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings of this study indicate that if an issue arises after the service is provided by the Land Deed Official to the client and involves employees or instrumental witnesses, the Land Deed Official must ensure the safety of their employees. PPAT employees who act as witnesses in title transfer agreements bear significant legal responsibilities, particularly if they are involved in unlawful acts. They may face legal liability under Article 1365 of the Indonesian Civil Code, which states that any unlawful act causing damage to another obliges the person who committed the act to compensate for the damage.

The Role of The Internal Audit Unit in the Indonesia Civil Pilot Academy Public Service Agency

The Indonesia Civil Pilot Academy Public Service Agency is an educational institution under the Ministry of Transportation. A Public Service Agency is responsible for managing finances and budgets effectively and efficiently. A unit that supports the effectiveness of the Public Service Agency’s financial management is the Internal Audit Unit. This research examines the role of the Internal Audit Unit in improving financial efficiency at the Public Service Agency of the Indonesia Civil Pilot Academy. The method used is qualitative research with a field study approach. Data were collected through interviews, observation, and document study. The research included interviews with three participants who are directly involved with the Indonesia Civil Pilot Academy’s finances: the Head of The Internal Audit Unit, The Expenditure Treasurer, and The Program and Activity Plan Analyst. The research results show that internal unit audit plays an important role in the Public Service Agency of the Indonesia Civil Pilot Academy. The internal audit unit can ensure that the use of Public Service Agency funds is carried out effectively and efficiently, as well as maintaining accountability and compliance with laws and regulations. Results suggest that a competent and well-communicating Internal Audit Unit is vital for optimal financial management.