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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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DILEMA WASIAT ANTARA KEHENDAK PEWARIS DAN HAK MUTLAK AHLI WARIS: KAJIAN KOMPARATIF BATASAN TESTAMENTAIR DALAM HUKUM PERDATA DAN HUKUM ISLAM Mujennih; Tsalis, Khodijah Nur
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.v9i2.1889

Abstract

In the Civil Law system, the protection of direct line heirs (legitimaries) is guaranteed through the concept of Legitime Portie (LP) or the Forced Share. A will that violates the LP is not automatically void by law, but rather is voidable and must be actively challenged through the mechanism of reduction (inkorting) by the disadvantaged heir within one year after the succession opens. This principle demonstrates the strong validity of the testator's will if the heir chooses not to file a claim. Meanwhile, in Islamic Law (KHI - Compilation of Islamic Law), the testator's will is quantitatively limited, where a bequest (wasiat) can only be valid for the beneficiary up to a maximum of 1/3 of the estate left by the testator. A will exceeding this limit can become valid if there is an agreement among the heirs who receive the inheritance. However, case studies in the Religious Courts demonstrate jurisprudential flexibility, where the 1/3 KHI limit can be set aside (Supreme Court Decision No. 34K/Pdt.G/2022) if the remaining heirs are classified as distant relatives (Dzawil Arham) whose position is ambiguous in the KHI, thus making the authority of the testator's will more dominant.
KEWENANGAN IDEAL MAHKAMAH PELAYARAN DALAM MENYELESAIKAN KECELAKAAN KAPAL UNTUK MEWUJUDKAN KEADILAN Sarwono, Sarif; Ismail; Iryani, Dewi
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.v9i2.1896

Abstract

The Shipping Court (Mahkamah Pelayaran) is a judicial body under the Ministry of Transportation (Kementerian Perhubungan) authorized to examine and rule on ship accidents, particularly concerning aspects of maritime safety and the responsibility of the shipmaster or officers, by issuing administrative sanctions. The regulations governing the function, authority, and duties of the Shipping Court are stipulated in Law Number 66 of 2024 concerning the third amendment to Law Number 17 of 2008, specifically in Articles 251 to 253 of the Shipping Law. Article 251 of the Shipping Law concerns the function of the Shipping Court; Article 252 concerns the authority to examine collisions between merchant ships, merchant ships and state-owned ships, and merchant ships and warships; and Article 253 outlines the duties of the Shipping Court, which include investigating the cause of a ship accident, determining the existence of procedural error or negligence on the part of the shipmaster or ship officer, examining the negligence of the operator, ship owner, or officers that led to the accident, and recommending administrative sanctions to the Minister. The method used in this research is normative legal research, conducted to obtain the necessary data related to the problem. The data utilized is secondary data, consisting of primary, secondary, and tertiary legal materials. Additionally, primary data is used to support the secondary data. Data analysis is performed using the qualitative juridical analysis method. The results of this study indicate that the current authority of the Shipping Court remains administrative and is not yet able to address the need for a more comprehensive sense of justice for victims, ship owners, or damaged third parties. This is significant because every ship accident involves not only technical navigation issues but also economic, environmental, and social losses. Although Law Number 66 of 2024 provides stronger administrative sanctions, it does not change the position of the Shipping Court as a quasi-judicial institution. Therefore, a restructuring of its authority toward a more integrative approach is needed so that the decisions of the Shipping Court can be recognized as part of the judicial process and serve as considerations for judges in the General Courts (Pengadilan Umum). This integrative process can be achieved by appointing the expert panel of the Shipping Court as ad hoc judges in the General Courts. This would allow the General Court's decisions to enhance and strengthen their quality through accurate and appropriate maritime technical considerations, given the expert panel's specialized background, experience, and expertise in shipping, thereby creating harmony between the decisions of the Shipping Court and the General Courts and reducing contradictions and strengthening legal certainty.
KEPASTIAN HUKUM CRYPTOCURRENCY SEBAGAI ALAT PEMBAYARAN DI INDONESIA Febrianto, Andre; Ismail; Iryani, Dewi
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.v9i2.1897

Abstract

The rapid development of cryptocurrency as a global digital financial instrument has created legal challenges, particularly concerning its status as a medium of exchange. In Indonesia, the legal standing of cryptocurrency faces duality and ambiguity. On one hand, the Commodity Futures Trading Regulatory Agency (BAPPEBTI) regulates and recognizes cryptocurrency as a tradable commodity on the futures exchange. On the other hand, Bank Indonesia (BI) strictly prohibits its use as a legal tender, based on Law Number 7 of 2011 concerning Currency, which affirms the Rupiah as the sole legal medium of payment. This study aims to analyze the legal consequences of using cryptocurrency as a means of payment in Indonesia and to formulate a regulatory concept that can realize legal certainty. This research employs a normative legal research method with a qualitative approach. The data utilized includes primary, secondary, and tertiary legal materials. The results of the study indicate that the use of cryptocurrency as a means of payment can result in the cancellation of a private agreement (based on Article 1337 of the Indonesian Civil Code), administrative sanctions from BI and BAPPEBTI, and potential criminal exposure related to Money Laundering Offenses (TPPU). To achieve legal certainty, an integrated regulatory framework is required, encompassing: (1) clear classification of cryptocurrencies (payment, utility, security tokens); (2) the establishment of a special law regarding digital assets; (3) coordination among regulatory institutions (BI, OJK, BAPPEBTI, Kominfo); (4) effective consumer protection and dispute resolution mechanisms; and (5) the integration of Anti-Money Laundering (AML) and Know Your Customer (KYC) principles. Policy recommendations include strengthening socialization efforts, adopting a regulatory sandbox, and accelerating the Central Bank Digital Currency (CBDC) project, the Digital Rupiah.
PENEGAKAN KODE ETIK PROFESI POLRI TERHADAP ANGGOTA KEPOLISIAN YANG TERLIBAT PENYALAHGUNAAN NARKOTIKA Syaputra, Zikir Irwanda; Kadaryanto, Bagio; Dewi, Sandra
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.v9i2.1911

Abstract

The purpose of this study is to analyze the enforcement, obstacles, and efforts to overcome these obstacles in the Indonesian National Police's code of ethics against officers involved in drug abuse within the jurisdiction of the Riau Regional Police. The method used was sociological legal research. The results indicate that enforcement of the Indonesian National Police's code of ethics against officers involved in drug abuse within the jurisdiction of the Riau Regional Police is carried out firmly and in layers through an internal oversight mechanism involving the Propam (Propam), Paminal (Minimal), Provos (Provos), and Wabprof (Deputy for Professional Development). The author found that any officer suspected of using narcotics was immediately subjected to initial examination, urine tests, internal arrests, and a track record of involvement was traced. Observations also showed that the ethics enforcement process was transparent and formal. In the field, it is evident that the Indonesian National Police (Polri) applies the same standards to all members without exception, and imposes sanctions ranging from coaching, demotion, special placement, to dishonorable discharge for serious violations. This demonstrates the institution's commitment to maintaining discipline, integrity, and public trust in the government. Obstacles appear to stem from structural, technical, and cultural factors. This is exacerbated by the uncooperative attitude of some members during inspections, some even trying to avoid, refuse summons, or manipulate statements. Efforts are being made through several strategic steps. First, improving discipline and internal oversight functions under the coordination of the Propam Division. Second, tightening internal inspection mechanisms, including surprise urine tests for members in units deemed vulnerable. Third, the author observed efforts to strengthen the mental and spiritual development system as part of a prevention strategy. Furthermore, there is a commitment to expediting the code of ethics review process to avoid delays that could potentially reduce the deterrent effect against violations.
PENEGAKAN HUKUM TERHADAP IZIN KEPEMILIKAN SENJATA API BELA DIRI DI WILAYAH HUKUM POLDA RIAU Fitrianda, Rendi; Kadaryanto, Bagio; Oktapani, Silm
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.v9i2.1912

Abstract

The purpose of this study is to analyze law enforcement, obstacles, and efforts to overcome obstacles to self-defense firearm ownership permits in the jurisdiction of the Riau Regional Police, based on Republic of Indonesia National Police Regulation Number 1 of 2022. The method used is sociological legal research. Based on the research results, it is known that law enforcement regarding self-defense firearm ownership permits in the jurisdiction of the Riau Regional Police, based on Republic of Indonesia National Police Regulation Number 1 of 2022, is an implementation of Perpol No. 1 of 2022, which operates through several main patterns: strengthening administrative verification, increasing field supervision, taking action against owners who fail to renew their permits, and providing guidance to gun holders to understand their obligations and limitations on use. The author observed that some permit holders still do not fully comply with the permit renewal requirements and safe storage procedures. However, the Riau Regional Police actively conduct re-registration, administrative summonses, and physical inspections of weapons to ensure compliance. When violations are found, corrective action is taken through permit revocation, weapon confiscation, or transfer of the case to criminal proceedings if there are elements of a legal violation. Obstacles include weak compliance by owners in renewing permits, a lack of public understanding of administrative obligations, and limited field supervision due to a lack of personnel. Furthermore, the data collection and monitoring processes are not yet fully digitally integrated, making it difficult to track permit status quickly and accurately. Obstacles also arise from internal factors such as limited facilities, and external factors such as low legal awareness among owners, who tend to neglect permit renewals even after notification. Efforts include increasing direct outreach to firearm owners regarding licensing obligations, providing regular warnings through official information and communication systems, and tightening permit evaluation mechanisms with more intensive field verification.
PENEGAKAN HUKUM TERHADAP PENGOPERASIAN PEMBANGKIT TENAGA LISTRIK YANG TIDAK BERIZIN MILIK PERUSAHAAN KELAPA SAWIT Zainal, Muhammad; Ardiansah; Libra, Robert
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.v9i2.1913

Abstract

Law enforcement against the operation of unlicensed power plants owned by palm oil companies in Siak Regency is urgently needed. This research is expected to contribute to the development of legal science, particularly administrative law and energy law, as well as provide practical input for policymakers in realizing better, more equitable, and sustainable electricity governance. The purpose of this research is to analyze law enforcement, obstacles, and efforts to overcome these obstacles against the operation of unlicensed power plants owned by palm oil companies in Siak Regency based on Law Number 30 of 2009 concerning Electricity. The method used is sociological legal research. Based on the research results, it is known that despite clear regulations in Law Number 30 of 2009 concerning Electricity, its implementation still faces obstacles. Several companies still operate power plants without official permits, and law enforcement actions tend to be reactive, with sanctions inconsistent. This demonstrates the need for cross-agency coordination and strengthened oversight mechanisms to ensure more effective law enforcement and a deterrent effect. Obstacles include limited resources, suboptimal coordination, and resistance from some companies, which have made the implementation of Law Number 30 of 2009 less effective. This indicates the need for a more integrated law enforcement strategy, increased oversight capacity, and community empowerment to create a deterrent effect for violators. Efforts to overcome these obstacles include inter-agency coordination, increased oversight capacity, simplified licensing procedures, and community participation, all complementary measures. A more structured coordination mechanism is recommended between the Environmental Agency, the Ministry of Public Works and Housing (DPMPTSP), law enforcement officials, and other relevant agencies. This will expedite prosecution of companies operating unlicensed power plants and avoid overlapping authority.
KESETARAAN KEDUDUKAN ANAK LAKI-LAKI DAN PEREMPUAN DALAM TINDAK PIDANA PENCABULAN Wijaya, Adi; Japri, Muhamad; Roswitha, Aji Titin
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.v9i2.1931

Abstract

Article 82(1) of Law No. 35 of 2014 on Child Protection stipulates that “any person” who commits or allows an act of indecency against a child shall be subject to criminal sanctions. However, law enforcement practices show a consistent pattern in which only male minors are prosecuted, while female minors who similarly commit or permit such acts are not treated as criminal subjects. This disparity raises concerns regarding the principle of equality before the law and the proper interpretation of the term “any person” within the provision. This study aims to analyze the legal standing of male and female minors as perpetrators in indecency cases and to examine whether female minors also meet the elements of criminal liability under Article 82. The findings indicate that both male and female minors who consciously engage in or allow indecent acts fulfill the objective and subjective elements of the offense and therefore hold equal legal status as potential perpetrators. Nevertheless, in practice, law enforcement still reflects gender bias by automatically positioning females as victims. The study recommends developing clearer procedural guidelines, enhancing gender sensitivity among investigators, and revising the statutory language to eliminate interpretive ambiguity.
PENERAPAN ASAS DOMINUS LITIS DALAM HUKUM POSITIF DI INDONESIA SETELAH DISAHKANNYA KUHAP BARU Tresna D, Lalu Panca; Setiawan, Muhammad Rifaldi
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.v9i2.1947

Abstract

Prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to the courts. However, in fact, the application of the Dominus Litis principle is not optimal, such as the implementation of horizontal supervision and the termination of cases. examines the application of the principle of dominus litis to positit law in Indonesia. Normative legal research with the Approach of the Act; futuristic and comparative. The application of the Dominus litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as the principle of functional differentiation in Articles 14 and 137, based on the position and function of the prosecutor in the criminal justice system is regulated in Article 140 paragraph (2); Law No. 11 of 2021 Amendment to Law No. 16 of 2004 and Constitutional Court Decision No. 55/PUU-XI/2013 and No. 29/PUU-XIV/2016. New KUHAP. Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecute criminal and civil prosecutors and is double nature of the prosecutors.
STATE RESPONSIBILITY IN ENFORCEMENT OF CITIZENS' CONSTITUTIONAL RIGHTS IN LAND EXECUTION CASES IN TIMOR LESTE Carolina da Cruz; Remigio Pereira da Cruz
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.v9i2.1975

Abstract

The purpose of this study is to explain and understand the State's Responsibility in Enforcing Citizens' Constitutional Rights in Land Execution Cases in Timor Leste. To explain and understand the Indonesian Government in this case to realize protection and justice for its citizens whose land rights are threatened or lost after the release of Timor Leste. This research uses a normative juridical legal research method. The type of approach used in this research is a case study approach. The sources of normative legal research are primary legal materials, secondary legal materials, and non-legal materials. This study uses a qualitative analysis method. Based on the conclusion that the responsibility of the Timor-Leste state in enforcing the constitutional rights of citizens in land execution cases is represented by the development of land laws to harmonize various legal regimes, namely by developing laws that combine and clarify land rights and the process of claims that are violated and recognize property rights and clarify the legal status of immovable property. The state is also responsible for protecting and upholding the rights of citizens as a whole as stated in the Constitution. The Indonesian government has sought to provide protection and justice for citizens who lost their land rights after the secession of Timor-Leste through various policies, including the establishment of the Truth and Friendship Commission to address human rights violations, and support for resolving land issues through various legal and non-legal mechanisms. However, these efforts often face challenges of legal and bureaucratic complexity, which require special and comprehensive handling from the government.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN BULLYING: DAMPAK DAN UPAYA PENCEGAHAN RISIKO BUNUH DIRI DI INDONESIA Okprianti, Reny; Emilson, Nur Husni; Oktariani, Chinta; Qodriyah, Annisa; Lindon, Najla Nisrina Prudencie; Az-Zahra, Nyayu Nabilla
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.v9i2.1978

Abstract

The issue of bullying among children is becoming a serious concern due to its psychological impact, which can lead to severe mental disorders such as anxiety, depression, and even suicidal thoughts. In Indonesia, despite the existence of the Child Protection Law, the implementation of policies regulating the protection of children from bullying still faces various challenges. This study aims to examine the impact of bullying on children's mental health and identify the legal protection mechanisms available to reduce the risk of suicide due to bullying. This study uses a qualitative approach, with data collection methods through literature studies and document analysis, including data from the Indonesian Child Protection Commission (KPAI) and relevant laws and regulations. The findings show that bullying in Indonesia, whether verbal, physical, social, or cyberbullying, has a significant psychological impact on children, increasing the potential for suicide. This study emphasizes the need to strengthen child protection policies and implement more effective psychological support for victims of bullying. In conclusion, this study makes an important contribution to understanding the relationship between bullying and children's mental health, and encourages the improvement of policies and more robust reporting systems in schools to prevent suicide among children who are victims of bullying.

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