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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 543 Documents
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KELEMAHAN ELECTRONIC TRAFFIC LAW ENFORCEMENT DALAM MENINDAK PENGGUNAAN TANDA NOMOR KENDARAAN BERMOTOR PALSU Ferryanto, Marten; Nurhayani
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1735

Abstract

Traffic has a vital role towards the mobility of the people, as well as the distribution of goods, so it is regulated in Law number 22 of the year 2009. One of the serious violations that often happened is the usage of fake vehicle registration plate (TNKB), that will disrupt the vehicle identification system. Polri responded by implementing the Electronic Traffic Law Enforcement (ETLE) system as the innovation of digital law enforcement. However, the ETLE system still have weaknesses in identifying fake vehicle registration plate. This research will review the effectivity of ETLE in MT.Haryono road of South Jakarta, as well as analyzing the factors that causes the weak enforcement against such violations in order to contribute to the improvement of the traffic law enforcement system in Indonesia. The research method that will be used in this research is the Empirical Legal method by gathering the primary data from interviews towards the ETLE operators. The secondary data will be gathered from scientific articles as well as previous research journals that examine about law rules that is relating to ETLE. The research result will explain about the working mechanism of the ETLE system on how it enforces the law towards traffic violator from the process of recording the violation until the payment of the fine. The online traffic fine ticketing, on its base is just the same as manual ticketing, it's just that online ticketing is implemented so that the law enforcer can work transparently and can have accountability in the process of law enforcing, However there is a weakness of the online ticketing in the law enforcing process. One of them is that ETLE could not detect the usage of fake vehicle registration plate that is caused by network issue as well as unsynchronized data and the technology limitation to detect fake vehicle registration plate (TNKB) because there is no regulation towards the material nor the font of its making.
MEMBANGUN GUGATAN YANG SAH: ANALISIS PENGARUH KEJELASAN OBJEK DAN PEMENUHAN UNSUR-UNSUR GUGATAN DALAM PROSES LITIGASI DI PENGADILAN NEGERI TANGERANG Widjaja, Gunawan; Ummah, Iriaty Khairul
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1736

Abstract

A civil lawsuit serves as a formal legal instrument that must be systematically drafted in accordance with procedural and substantive requirements under Indonesian civil procedural law. This study aims to examine the essential elements of a valid lawsuit and to assess how the implementation of these requirements affects judicial decisions at the Tangerang District Court. The research employs a normative and empirical legal approach. Normative data were obtained through legal literature and statutory analysis, while empirical data were drawn from civil case decisions published in 2024 through the Case Tracking Information System (SIPP). The findings reveal that inconsistencies between the posita and petitum, along with unclear identification of the object of dispute, are the main reasons for lawsuits being declared inadmissible (niet ontvankelijk verklaard) or rejected. Out of 789 examined cases, 442 were granted, while 120 were dismissed as inadmissible and 16 were rejected. These outcomes reflect the significant impact of procedural compliance on case resolution and underscore the importance of technical precision in lawsuit drafting. The study affirms that drafting a coherent and complete lawsuit is not merely a procedural formality, but a vital component of legal accountability and access to justice. As such, strengthening the capacity of legal practitioners and law students in the formulation of civil lawsuits should be a key focus in legal education and professional development in Indonesia.
ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM JASA TITIP ONLINE KOSMETIK DAN PERAWATAN KULIT PADA MASA PANDEMI COVID-19 Virgin G, Violeta; Abustan
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1748

Abstract

This study aims to examine the construction of personal shopping services and the potential legal consequences faced by consumers of overseas online personal shopping services, such as counterfeit goods, delivery delays, and expired cosmetic products caused by delays or falsification. These issues may arise due to negligence and fraud by personal shoppers, which remain unavoidable to this day. Legally, online purchases may be delivered to a trusted individual or user of the online service. Consumer protection for entrusted service users in online transactions is based on Article 4 of Law No. 8 of 1999 on Consumer Protection. Protection for consumers against defective agreements and/or defective goods grants consumers the right to compensation if they declare that the quality or quantity of goods or services consumed does not match what was offered by the seller. Consumers also have the right to legal dispute resolution. Consumer protection in Islamic law is crucial as it concerns public interests and the relationship between humans and Allah. Islam views this protection as a duty of the state, both vertically (with Allah) and horizontally (with fellow humans), ensuring that goods circulating in the market comply with Islamic principles.
REKONSTRUKSI PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM KUHP NASIONAL: TELAAH KRITIS ATAS UU NO. 1 TAHUN 2023 DALAM PERSEPEKTIF HUKUM PIDANA MODERN Saputera, Januar Agung; Naiborhu, Mesa Indra; Budiman, Enna; Widjaja, Liza; Sudrajat, Maman
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1750

Abstract

This research examines corporate criminal liability under Law No. 1 of 2023 on the Indonesian Penal Code (KUHP) and the urgency of its reconstruction in light of modern corporate crime complexities. Although KUHP 2023 formally recognizes corporations as subjects of criminal law and prescribes applicable sanctions, it lacks specific norms on proving corporate mens rea and the legal relationship between the KUHP and existing sectoral laws (lex specialis). Using a normative legal approach and comparative study of Dutch and United States systems, this article argues that Indonesia’s criminal law remains rooted in an individualistic paradigm, which inadequately accommodates institutional liability concepts such as corporate culture liability and organizational fault. The analysis also highlights inconsistencies between the KUHP’s fault-based liability approach and strict liability mechanisms recognized in environmental and consumer protection laws. Drawing from international models, including principles set forth in the UNCAC and OECD recommendations, the article proposes a reconstruction of corporate liability norms—reformulating corporate mens rea, clarifying the relationship between KUHP and lex specialis, and integrating collective proof mechanisms. These reforms are necessary to establish a more adaptive, integrated, and responsive framework for corporate criminal liability, particularly in addressing transnational economic crimes in the digital era and across strategic sectors.
ANALISIS HUKUM PERAN PEMERINTAH DAERAH DALAM PENYEDIAAN LAYANAN KESEHATAN REPRODUKSI DI KOTA MAKASSAR Tahir, Muh.; Rompegading, A. Melantik; Rahman, Ali
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1785

Abstract

The 1945 Constitution guarantees the right to health, including the reproductive health of adolescents who are vulnerable to the TRIAD KRR. The central and regional governments are obliged to provide health services through decentralization. However, implementation faces challenges of coordination, funding, and regional capacity, so legal analysis is needed to assess the effectiveness of reproductive health policies. To examine and analyze the role of local governments in the provision of reproductive health services in Indonesia and To examine and analyze the barriers faced by local governments in the provision of reproductive health services. This study is an Empirical legal research using a Legislative Approach and a Conceptual Approach. The role of local governments in the provision of reproductive health services has been regulated in Law No. 17 of 2023 and Government Regulation No. 28 of 2024, with the obligation to provide promotive, preventive, curative, and rehabilitative services. Although various programs have been implemented, implementation is still constrained by limited human resources, infrastructure, and coordination.
EFEKTIVITAS PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENYELESAIKAN PENGADUAN KONSUMEN Rahman, Abdul; Asma; Maemanah
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1786

Abstract

The amendment to the 1945 Constitution affirmed the supremacy of the constitution, giving birth to auxiliary state institutions such as BPSK to maintain a balance between consumers and business actors. BPSK exists as an alternative to non-litigation dispute resolution that is cheap, fast, and fair, in order to ensure consumer protection through mediation, conciliation, or arbitration mechanisms. To analyze the effectiveness of consumer dispute resolution by the Consumer Dispute Resolution Agency and to review and analyze the legal obstacles faced by the Consumer Dispute Resolution Agency in carrying out consumer protection duties. This research is a normative legal research using a statutory approach and a conceptual approach. The effectiveness of BPSK was determined by regulatory clarity, infrastructure availability, quality of human resources, and public legal awareness. Normatively, BPSK has legitimacy through the UUPK and the Ministry of Industry, but there are still contradictions, especially regarding the nature of the decision that is called final but can still be objected to the District Court.
PERLINDUNGAN HUKUM DI RUANG SIBER: TELAAH YURIDIS ATAS RANCANGAN UNDANG-UNDANG KEAMANAN DAN KETAHANAN SIBER Suharto; Wardani, Dian Eka Kusuma; Rahman, Ali; Irwan, Muhammad
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1788

Abstract

This study aims to analyze the legal framework of the Draft Law on Cybersecurity and Resilience (RUU KKS) in ensuring the protection of national strategic infrastructure and data, as well as to identify potential legal issues that may arise. The background of this research is driven by the growing threats of cybercrime in Indonesia, which have significant implications for national security, economic stability, and the protection of personal data. The research method employed is normative legal research using a conceptual approach and a statute approach. The data were collected from laws and regulations, academic literature, and relevant court decisions. The analysis technique used is qualitative descriptive, interpreting legal principles and assessing the coherence of existing regulations with the needs of national cybersecurity protection. The findings indicate that Indonesia’s current cybersecurity regulations remain fragmented across several sectoral laws, resulting in overlaps and weaknesses in ensuring legal certainty. The RUU KKS is expected to serve as a comprehensive legal instrument that strengthens the protection of critical infrastructure, prevents cyber misuse, and balances state interests with the protection of individual rights. Anchored in Pancasila and the 1945 Constitution, this regulation is essential to reinforce Indonesia’s digital sovereignty.
KEABSAHAN INFORMED CONSENT SEBAGAI ALAT BUKTI DALAM PERSIDANGAN TINDAK PIDANA KESEHATAN Ni Wayan Diah Sukmadewi; Darma, I Made Wirya; Budiana, I Nyoman; Antari, Putu Eva Ditayani
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1816

Abstract

In health crimes, informed consent is often presented as evidence in court. However, the validity of informed consent is often debated, because informed consent is evaluated based on formal aspects, namely the existence of a document signed by the patient or their family. Technically, this is considered sufficient to prove consent to medical treatment. The purpose of this study is to examine and analyze the validity of informed consent as evidence in medical malpractice trials. The research method adopted in this study is normative legal research through a legislative approach, applying Law Number 17 of 2023 concerning Health and the Criminal Procedure Code. This study uses a descriptive analysis technique. The results show that informed consent can be classified as documentary evidence and circumstantial evidence in court. As documentary evidence, informed consent takes the form of a written document containing a signature. On the other hand, as circumstantial evidence, informed consent refers to its relevance to witness testimony and expert testimony related to the criminal act that occurred. Therefore, the validity of informed consent is evaluated not only from a formal aspect but also from a substantive aspect.
PERSPEKTIF HUKUM TERHADAP LATAR BELAKANG PENDIDIKAN ANGGOTA DPR Larasati, Tengku Indira; Yulianti, Hesti
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1846

Abstract

According to Law Number 7 of 2023 concerning the Stipulation of Government Regulation in lieu of Law Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections into Law, a candidate for the House of Representatives must have completed senior high school or its equivalent. A key component of Indonesia's constitutional framework is the DPR. Considering the significance of the DPR's function within Indonesia's constitutional framework, the aforementioned minimal educational prerequisites must be revised. Normative legal research is the methodology employed. Legal literary research, or normative legal research, is legal research that uses literature as its primary source. In this research, the research approach is descriptive and analytical, meaning that the researcher will provide a comprehensive, systematic, accurate, and factual explanation of the facts found in the research object and then correlate them with relevant legal theories. Primary and secondary data are among the data types. By characterizing the data collected using legal norms, theories, and pertinent legal doctrines and regulations, the normative qualitative technique of data analysis was employed in this study. According to research findings, in order to create leaders and/or representatives with superior skills and capacities, it is imperative to change the prerequisites for joining the House of Representatives, particularly the minimal educational requirements for candidates. The quality of the legislative body's constitutional duties is directly impacted by the low educational backgrounds of House of Representatives (DPR) members. A lack of assured protection of people' constitutional rights, poor argumentation in the formulation of laws, and multi-interpretable legal norms are only a few of the issues that might arise when the majority of DPR members lack formal education.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI ELEKTRONIK DI INDONESIA: TANTANGAN DALAM IMPLEMENTASI Wulandari, Yudha Sri; Rismansyah
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1888

Abstract

Technological developments have encouraged the rapid growth of electronic transactions (e-commerce) in Indonesia. However, this convenience also raises vulnerabilities for consumers related to fraud, quality of goods, data confidentiality, and puts consumers in a weak bargaining position. This study aims to analyze the legal framework that protects e-commerce consumers in Indonesia, highlight implementation challenges, and identify effective solutions. This research uses normative legal research methods with legislative and conceptual approaches. The results show that primary legal protection is sourced from Law Number 8 of 1999 concerning Consumer Protection (UUPK) and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), but there are still regulatory gaps and weaknesses in law enforcement. The main gap is the absence of substantial affirmation of civil liability for marketplace platforms that factually play an active role and make a profit. Conceptually, this condition demands the adoption of the doctrine of shared responsibility between the platform and the merchant. In addition, the dispute resolution mechanism through the Consumer Dispute Resolution Agency (BPSK) has proven to be ineffective due to execution constraints and spatial jurisdictional limitations. Therefore, regulatory harmonization is needed to explicitly define the Shared Liability platform, strengthen the government's institutional capacity for data security audits, and an urgent transition towards the implementation of the Online Dispute Resolution (ODR) system as a fast and efficient dispute resolution mechanism. These measures are crucial to achieve optimal protection and legal certainty in digital dynamics.

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