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INDONESIA
JURNAL CENDEKIA HUKUM
Published by STIH Putri Maharaja Payakumbuh
ISSN : 23554657     EISSN : 25801678     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Cendekia Hukum (JCH) adalah jurnal berbasis OJS diterbitkan oleh STIH Putri Maharaja dua kali setahun pada bulan Maret dan September Jurnal ini bertujuan untuk menyedikana wadah untuk akademisi, peneliti dan praktisi untuk mepublikasika artikel dan penelitian. Ruang lingkup dari jurnal ini adalah Ilmu Hukum dengan bidang Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Konstitusi, Hukum Administrasi, Hukum Islam, Hukum Ekonomi, Hukum Kedokteran, Hukum Adat, Hukum Lingkungan dan bagian lain terkait isu-isu kontemporer dalam hukum. Jurnal ini ditulis dalam dua bahasa yaitu Bahasa Inggris dan Bahasa Indonesia. Tersedia dalam Versi Cetak dan Online (OJS). Memiliki ISSN Cetak: 2355-4657 dan ISSN Online: 2580-1678 .
Arjuna Subject : -
Articles 199 Documents
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GENDER EQUALITY IN RELIGIOUS COURT DECISIONS: A STUDY OF ALIMONY AND THE STATUS OF MAFQUD HUSBANDS FROM AN ISLAMIC FAMILY LAW PERSPECTIVE Nur Cahya Jamil; Syariful Alam
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1325

Abstract

The rising rate of female-initiated divorce in Indonesia highlights women's vulnerability due to neglected fundamental rights, specifically alimony, and the prevalence of mafqud (missing) husbands. This situation forces wives into a dilemma of legal uncertainty and structural economic burdens. This study aims to analyse the implementation of gender equality principles in Religious Court decisions concerning the protection of wives' economic rights in cases involving mafqud (missing) husbands, while also examining the consistency of legal application in judicial practice. The research employs a normative-juridical method, using statutory, conceptual, and case-study approaches, analysing three specific Religious Court decisions: PA Kendal (2023), PA Kaimana (2021), and PA Merauke (2011). The results indicate significant legal disparities in the adjudication of similar cases. Some courts maintain a formalistic approach that merely provides legal certainty regarding divorce status without restoring the wife's economic rights. Conversely, other courts have begun adopting a substantive justice approach by granting iddah maintenance (nafkah iddah) and consolatory gifts (mut’ah). This inconsistency suggests that legal protection for women remains a potential "geographic lottery," heavily dependent on the judicial paradigm within each jurisdiction. Furthermore, this study finds that the success of mediation in divorce cases cannot be measured solely through quantitative metrics, as women often hold weak economic bargaining power during family negotiations. The issuance of Supreme Court Circular (SEMA) No. 1 of 2022 provides a legal basis for judges to exercise ex officio authority in determining maintenance, even in the husband's absence (in absentia). This study concludes that the transformation of gender-responsive Islamic family law requires standardised application of norms and enhanced judicial sensitivity to ensure that the economic rights of women in mafqud cases are protected consistently and equitably across all Religious Courts in Indonesia.
THE DUALISM OF COURTS’ ABSOLUTE JURISDICTION OVER LAWSUITS CONCERNING THE IMPLEMENTATION OF TAXPAYER DETENTION: BETWEEN THE DISTRICT COURT AND THE TAX COURT Reynalda Reynalda; Immanuela Yolanda
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1324

Abstract

Detention (gijzeling) of a tax obligor is a coercive administrative measure regulated under Law No. 19 of 2000, which amends Law No. 19 of 1997 on Tax Collection by Distress Warrant (PPSP Law). The regulation of absolute jurisdiction over lawsuits concerning the implementation of detention has resulted in dualism between the District Court and the Tax Court. This study analyses the regulation of exclusive jurisdiction over lawsuits related to the implementation of tax obligor detention, based on legislative provisions and judicial practice. The method consists of normative legal analysis using legislative and analytical approaches, along with case studies of court decisions. The findings indicate a normative discrepancy between Article 34(3) of the PPSP Law, which refers to the District Court, and Article 31(2) and Article 33 of the Tax Court Law, along with Article 50 of the General Court Law, which tend to place disputes over the implementation of tax collection, including detention, within the jurisdiction of the Tax Court. Additionally, inconsistencies in judicial interpretation are evident in practice. By applying the ratio legis approach and the principles of lex posterior derogat legi priori, lex specialis derogat legi generali, and lex specialis systematis, the Tax Court is more appropriately designated as the competent forum. Therefore, harmonisation of regulations is necessary to ensure legal certainty and protect taxpayers’ rights.
REEVALUATING ASSET DECLARATIONS AS AN ANTI-CORRUPTION INSTRUMENT: A LEGAL SYSTEM ANALYSIS OF INDONESIA (LHKPN) Yulianta Saputra; Ana Rahmawati Wibowo
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1331

Abstract

This study aims to analyze the legal compliance of state officials in submitting the State Officials’ Wealth Report (LHKPN) and to identify systemic factors affecting its effectiveness as an anti-corruption instrument in Indonesia. This normative legal research employs statutory, conceptual, and limited comparative approaches, using Lawrence M. Friedman’s legal system theory, which encompasses legal substance, legal structure, and legal culture. Data are derived from primary, secondary, and tertiary legal materials and analyzed qualitatively. Although the formal compliance rate reaches 91.26%, the substantive effectiveness of LHKPN remains weak. From a legal-substantive perspective, Article 5(2) of Law No. 28/1999 contains an ambiguous norm in the phrase “willing to be examined,” which weakens its binding force. Structurally, the absence of a Government Regulation as mandated by Article 17(4) results in a fragile supervisory framework, with the Corruption Eradication Commission (KPK) limited to issuing non-binding recommendations. Culturally, state officials tend to perceive LHKPN as an administrative burden, while public oversight remains limited due to restricted access, low legal literacy, and persistent patrimonial practices. These interrelated weaknesses form a systemic cycle that undermines the effectiveness of LHKPN. This study highlights the need for comprehensive reforms, including clearer normative provisions, strengthened institutional authority, regulatory implementation, and the integration of illicit enrichment principles, alongside efforts to transform legal culture and enhance public participation.
CRIMINAL POLICIES: PREPARATIONS OF CRIMINAL ACTS AS AN OFFENSE IN THE INDONESIAN CRIMINAL CODE (KUHP) Mukhlis R; Fitri Wahyuni
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1125

Abstract

The topic of preparations for criminal acts needs to be regulated in the new Criminal Code, as it is not explicitly addressed and is only mentioned in sections that regulate specific criminal acts. This study involved normative legal research, with qualitative analysis performed on data derived from secondary sources. To more successfully protect the public from the threat of serious criminal actions like terrorism, murder, treason, and others, regulations on the definition of criminal acts as offenses in the new Criminal Code were required. The only way in which preparations for criminal acts can be penalized is if the law explicitly provides for it. It implies that not all attempts at committing crimes can be punished; instead, only plans to commit crimes that are thought to pose a serious threat to public safety, law and order, or social welfare, such as preparations to commit murder, treason, or acts of terrorism, are eligible for punishment. The elements outlined in the law must be met before committing a criminal act. Thus, only behaviors that demonstrate a distinct and serious intention to commit crimes—such as setting up facilities, obtaining information, organizing activities, or carrying out similar activities intended to create the conditions for the commission of a crime—can be classified as preparation for crimes. Instead, all other behaviors related to criminal activity cannot be classified as preparation for criminal acts.
A JURIDICAL ANALYSIS OF THE ENFORCEMENT OF LAWS AGAINST ONLINE GAMBLING OFFENSES IN INDONESIA Hikmal Fahrul Firmansyah; Labib Muttaqin
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1333

Abstract

This study examines the legal issues surrounding the rapid growth of online gambling in Indonesia due to advances in information technology, as well as the challenges faced in enforcing relevant laws. The objective of this research is to analyze the regulation of online gambling under the ITE Law and to evaluate the judge’s legal considerations in Sidoarjo District Court Decision Number 654/Pid.Sus/2023/PN Sda. This study employs a normative juridical method using both a case approach and a legislative approach, relying on secondary data collected through literature review and analyzed qualitatively. The results show that the application of Article 45 paragraph (2) in conjunction with Article 27 paragraph (2) of Law Number 19 of 2016 has been appropriately implemented, as all elements of the offense namely “every person,” “intentionally and without rights,” and the act of distributing or making accessible electronic information containing gambling were fulfilled. However, law enforcement remains constrained by limited supervision and low public legal awareness, which continue to hinder effective implementation of the law.
LOCAL JUSTICE WITHOUT RECOGNITION: THE CRISIS OF LEGITIMACY OF MARIND CUSTOMARY JUSTICE Mulyadi Alrianto Tajuddin; Marlyn Jane Alputila
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Papua customary justice is a vital expression of Indonesia’s legal pluralism, serving as a community-based dispute-resolution mechanism grounded in restorative and collective values. This study examines the contemporary dynamics of the Marind customary court in South Papua and explores strategies to strengthen it amid legal modernization. Using an empirical juridical approach supported by document analysis and field observations, the research analyzes the interaction between customary norms and state law. The findings show that the Marind customary court remains socially legitimate and functionally relevant. Yet, its existence is constrained by normative tensions with national criminal law and formal land governance, resulting in legal uncertainty and the marginalization of customary authority. The dominance of oral tradition further increases institutional vulnerability in the context of generational change. To address these challenges, the study proposes integrated strategies, including participatory documentation of customary law, capacity building for customary authorities, and legislative harmonization, to secure formal recognition while preserving indigenous legal values.
EFFECTIVENESS OF ENFORCEMENT OF ADMINISTRATIVE SANCTIONS ON TENANTS IN THE INDUSTRIAL AREA AFTER REGULATION CHANGES Rosi Liandani; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1253

Abstract

Enforcing environmental law in industrial areas is an important tool for preventing pollution and environmental damage from industrial activity. However, changes in regulations post-implementation, Constitution Number 6 of 2023 concerning Job Creation, and Government Number 22 of 2021 raise issues regarding the distribution of authority for supervising and implementing administrative sanctions against area tenants in the industry. Research this aim: analyse the authority manager area industry in a supervision environment, and evaluate the effectiveness of enforcement sanctions against area tenants in the industry. Research: This use-method study law normative with legislative, conceptual, and empirical (socio-legal) approaches. Research results show that the manager area industry basically has no independent authority for administrative sanctions. Because authority is authority, the public is only owned by the state administration. Conditions: This leads to a lack of authority and uncertainty in the practice supervision environment. In addition, the effectiveness of enforcement law is influenced by multiple interpretations of authority between government and managers, inconsistent enforcement mechanisms, limited supervisory capacity, lack of coordination between agencies and managers, and supervisory mechanisms that are not operating optimally. Therefore, it is necessary to clarify the distribution of regulatory authority and strengthen environmental supervision mechanisms to enhance the effectiveness of law enforcement in the industrial sector.
DANANTARA (INVESTMENT MANAGEMENT INSTITUTION): AN INDONESIAN COMPETITIVE LAW PERSPECTIVE Upita Anggunsuri; Shafira Hijriya
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1365

Abstract

This study analyzes Danantara (Investment Management Institution): An Indonesian Competition Law Perspective. This research endeavors to answer the following questions: How is Danantara's independence from a governance perspective, and what challenges does Danantara face in creating inter-institutional and cross-sectoral relations from the perspective of business competition law in Indonesia? This study employs a normative juridical method, using statutory and conceptual approaches. The study concludes that Danantara has to implement GCG principles (Transparency, Accountability, Responsibility, Independence, Fairness) to manage State-Owned Enterprises (BUMN) and investments. However, the enactment of Law No. 16 of 2025, there are several articles may affect Danantara's independence and potentially give rise to abuse of power, namely Article 3F point g, which stipulates that Danantara, in the process of formulating the work plan and budget of the investment and operational holding company, must consult with the House of Representatives (DPR), and Article 4A point 3 show that the mechanism for capital participation in the context of establishing state-owned enterprises must obtain approval from the DPR. The cross-sectoral dominance of Danantara's authority creates opportunities for certain parties to exploit legal loopholes to commit acts that could lead to monopolistic practices and unfair business competition. Articles 25, 26, and 27 of Law No. 5 of 1999 and Article 86M of Law No. 1 of 2025 show that certain parties may abuse authority through the unfair centralization of cooperative affiliations in addressing the monopoly rights granted to Danantara, which may result the centralization of cooperative affiliations between BUMN and business partners become a crucial matter in building public trust for the realization of fair business competition.
CRIMINAL RESPONSIBILITY OF CHILDREN FOR THE PHENOMENON OF MOTORBIKE GANGS IN MAKASSAR M. Susilo Ihlasul Ashar; Syamsuddin Muchtar
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1380

Abstract

The phenomenon of motorcycle gangs involving children in Makassar City shows an increase in violent crimes, such as bowing, assault, abuse, and the use of sharp weapons, thus raising issues regarding the limits of criminal liability for children from the perspective of Indonesian criminal law. This condition creates a dilemma because on the one hand, children receive protection through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), while on the other hand, law enforcement must be able to provide protection to the community. This study aims to analyze the criminal liability of children for motorcycle gang crimes and the application of the Juvenile Criminal Justice System in realizing a balance between the protection of children's rights and the interests of law enforcement. The study uses a normative-empirical legal method with a statutory, conceptual, and case approach. Data were obtained through observations at the Makassar City Police Headquarters, analysis of laws and regulations, court decisions, and various relevant literature, then analyzed qualitatively using a descriptive-analytical method. The results of the study indicate that the criminal responsibility of children cannot be based solely on age, but must consider the elements of fault (schuld), the ability to be responsible, the form of participation, the level of intent (dolus), and the level of danger (social harm) caused. The phenomenon of motorcycle gangs in Makassar shows a shift from juvenile delinquency to organized collective crime, so that children who consciously play a role as the main perpetrator or active participant must still be held criminally responsible proportionally. This study also found that the implementation of the SPPA Law needs to be carried out proportionally by considering the level of child involvement, the potential for rehabilitation, and the impact of the crime on society in order to achieve a balance between the protection of children's rights, legal certainty, a sense of justice, and the interests of law enforcement.

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