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All Journal Jurnal Ilmu Hukum KYADIREN Journal of International Islamic Law, Human Right and Public Policy
Hafid Zakariya
Universitas Islam Batik Surakarta, Indonesia
Religion Law, Crime, Criminology & Criminal Justice

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ABUSE OF FORCE BY MEMBERS OF THE DALMAS IN HANDLING DEMONSTRATIONS Davin Ardra; Hafid Zakariya; Suparwi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21534674

Abstract

Demonstrations are a form of implementation of human rights guaranteed by the 1945 Constitution of the Republic of Indonesia and Law Number 9 of 1998 concerning Freedom of Expression in Public. In its implementation, the Indonesian National Police (POLRI), especially the Dalmas (Community Police), has an obligation to maintain security and order during demonstrations. However, in practice, there are still cases of abuse of force by Dalmas members that are carried out excessively and disproportionately against demonstration participants. This study aims to analyze the forms of abuse of force by Dalmas members in handling demonstrations, the causes of abuse of authority, and law enforcement efforts against police officers who commit violations. The results of the study indicate that repressive actions by Dalmas officers that exceed the limits of authority are contrary to the principles of legality, proportionality, necessity, and respect for human rights as specified in applicable laws and regulations. This abuse of force can be categorized as a violation of the law, a violation of discipline, and a violation of the Indonesian National Police's professional code of ethics. Therefore, stricter oversight, increased professionalism of officers, human rights education, and reform of the police's legal culture are needed to achieve humane and democratic law enforcement.
Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training Fabrian Candra Darmawan; Hafid Zakariya; Suparwi Suparwi
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.458

Abstract

The widespread placement of Indonesian Migrant Workers (Pekerja Migran Indonesia [PMI]) through unauthorized Job Training Institutions (Lembaga Pelatihan Kerja [LPK]) reflects continuing weaknesses in the oversight of non-procedural labor migration, increasing the risk of exploitation, human trafficking, and human rights violations. This study analyzes the judicial application of law in assessing the constituent elements of the criminal offense of migrant worker placement through unlicensed LPKs, as reflected in Boyolali District Court Decision Number 158/Pid.Sus/2023/PN Byl, while evaluating the effectiveness of judicial reasoning in protecting victims. Using a normative legal method with statutory, case-based, and conceptual approaches, the study finds that the panel of judges appropriately distinguished the authority of LPKs and Perusahaan Penempatan Pekerja Migran Indonesia (P3MI) based on SIP2MI ownership and affirmed the defendant’s criminal liability. However, victim restoration mechanisms remain inadequate, particularly regarding restitution and rehabilitation.
Legal Protection for Construction Service Providers in Electronic Procurement (LPSE) Tenders Against Government Default Suparno Suparno; Hafid Zakariya; Hanuring Ayu Ardhani Putri
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.489

Abstract

The rapid expansion of infrastructure development through Indonesia’s Electronic Procurement Service (LPSE) has intensified the need for effective legal protection for construction service providers against local government default arising from delayed or unpaid contractual obligations. This study examines the legal framework governing contractor protection, analyzes the contractual liability of local governments as project owners, and evaluates the effectiveness of preventive and remedial legal protection mechanisms. Using an empirical legal research method with a socio-legal approach, the study investigates the implementation of legal protection in government construction procurement in Klaten Regency. The findings reveal that, despite a comprehensive legal framework incorporating the principles of equality and multiple dispute resolution mechanisms, implementation remains ineffective due to unequal bargaining power, inadequate payment guarantees, and limited use of the Dispute Board. Strengthening contractual safeguards, payment security, government accountability, and dispute resolution mechanisms is essential to ensure legal certainty and sustainable public procurement.
Reconstructing the Regulatory Framework for E-Government in Regional People’s Representative Councils to Enhance Public Aspiration Management Widodo Widodo; Hafid Zakariya; Hanuring Ayu Ardhani Putri
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.490

Abstract

The rapid expansion of infrastructure development through Indonesia’s Electronic Procurement Service (LPSE) has intensified the need for effective legal protection for construction service providers against local government default arising from delayed or unpaid contractual obligations. This study examines the legal framework governing contractor protection, analyzes the contractual liability of local governments as project owners, and evaluates the effectiveness of preventive and remedial legal protection mechanisms. Using an empirical legal research method with a socio-legal approach, the study investigates the implementation of legal protection in government construction procurement in Klaten Regency. The findings reveal that, despite a comprehensive legal framework incorporating the principles of equality and multiple dispute resolution mechanisms, implementation remains ineffective due to unequal bargaining power, inadequate payment guarantees, and limited use of the Dispute Board. Strengthening contractual safeguards, payment security, government accountability, and dispute resolution mechanisms is essential to ensure legal certainty and sustainable public procurement.
Reconstructing Taxpayer Data Protection Through a Cyber-Restorative State Accountability Framework Imam Cahyo Pornomo; Ismiyanto Ismiyanto; Hafid Zakariya
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.495

Abstract

The digital transformation of tax administration has significantly improved the efficiency of public services; however, it has also heightened the risk of taxpayer data breaches involving highly sensitive personal and financial information. This study aims to examine the legal status of taxpayer data, identify the fragmentation of the regulatory framework governing taxpayer data protection, analyze state responsibility from a cyber law perspective, and develop a cyber-restorative state accountability framework. The research employs a normative legal methodology using statutory, conceptual, and comparative approaches. Data are analyzed prescriptively through systematic legal interpretation. The findings indicate that taxpayer data simultaneously constitute specific personal data, confidential tax information, and electronic information, each protected under multiple legal regimes. Nevertheless, the existing regulatory framework remains fragmented, resulting in inconsistencies in legal protection and state accountability. To address these shortcomings, this study proposes a cyber-restorative state accountability framework that integrates preventive measures, cybersecurity governance, breach notification, incident investigation, data recovery, and compensation mechanisms. The study concludes that reconstructing the legal framework based on this model is essential for strengthening legal certainty, enhancing state accountability, and fostering public trust in digital tax administration.
Co-Authors Davin Ardra Fabrian Candra Darmawan Hanuring Ayu Ardhani Putri Imam Cahyo Pornomo Ismiyanto Ismiyanto Suparno Suparno Suparwi Suparwi Suparwi Widodo Widodo